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1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.
2. This is due to the extension of claims for the costs of appeal.
Reasons
1. Basic facts
A. On November 18, 201, in order to establish a regional housing association in Seongdong-gu Seoul, the Defendant entered into a service contract for vicarious performance of the primary recruitment business of the members of the regional housing association (hereinafter “instant service contract”) with Jeju Island (hereinafter “SP”) in order to promote the business of building and selling 320 households in total of 3,00 apartments by establishing a regional housing association in Seongdong-gu Seoul.
1 The non-party company shall invite a total of 132 households from the date of the contract to April 30, 2012, and the same year.
1. 15 households up to 31. The same year; and
2. 30 households until September 29, 200 and the same year.
3. 45 households up to 31.31. The same year.
4. To recruit 42 households by the end of 20.0.
However, the defendant may terminate or cancel a service contract where it is determined that the non-party company recruited members fall short of 60% of the recruitment households for each of the above periods and there is no ability to conduct solicitation.
(4) Article 4. 2) The defendant shall provide all offices, model parcels, contracts and document forms for the recruitment of union members, support the production of advertising and promotional materials (excluding placards) for the recruitment of union members, and provide counseling materials: Provided, That advertising and promotional materials shall be provided at the time when the defendant reaches the recruitment rate of union members (Article 2. 3) that is recognized by the defendant (Article 2. 3) if the union members recruited to deposit the sum of the down payment and promotional expenses into the account of the construction company that is the contractor, the contract shall be deemed as completion of the services, and the defendant shall pay the non-party company 10 million won per union member (excluding value-added tax)
(Article 5) The fourth non-party company shall settle the service cost on the 15th and the last day of each month and claim the defendant, and the defendant shall pay it within seven days from the date of claim.
However, in order to guarantee the performance of services by the non-party company until the primary recruitment is completed, the payment shall be paid in KRW 8 million out of the service cost of the non-party company and the remaining KRW 2 million shall be reserved.
The reservation amount shall be mutually agreed on the smooth situation of the project of this case.