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(영문) 부산지방법원 2015.05.08 2014나10172
광고대금등
Text

1. The plaintiff's appeal and the plaintiff's preliminary and selective claims added in the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiff is a newspaper company engaged in newspaper publishing, advertising agency, etc., and the Defendant is the implementer of the new construction and sales business of Busan Metropolitan Government Dtel (hereinafter “instant officetel”).

B. On July 4, 2011, the Defendant entered into a sales agency contract for the instant officetel (hereinafter “instant sales agency contract”) with C Co., Ltd. (hereinafter “C”), and matters relating to the instant case are as follows.

Article 1 (Purpose of Contract) In selling the instant officetel in lots by the Defendant and C, the terms and conditions of the sales agency business are specified, and at the same time, the rights and obligations of both parties are determined when entrusting the Defendant’s sales agency business to C.

Article 2 (Scope of Sales Agency and Documents to be Submitted) Upon entering into this Agreement, the Defendant shall grant C the following authority to sell the Officetel in this case:

1. Brokerage, counseling and guidance for parcelling-out;

2. Sales office and operation;

3. All expenses, such as expenses for business activities, expenses for holding a briefing session for business activities, etc., shall be borne by C, and all expenses for the defendant shall not be claimed for all expenses in carrying out agency business, such as the production and distribution of newspapers, advertising sites, diskettes, and other promotional materials, to promote the supply (hereinafter referred to as the "distribution expenses, etc.") of persons entitled to parcelling-out; and

Article 9 (Fees and Payment for Sale by Proxy) ① Of the total sales proceeds of the instant officetels, C shall be paid the remainder other than the agreed amount (a separate sheet) presented by C as sales commission, and the defendant shall not pay C a separate sales agency fee.

(2) Sales agency fees under paragraph (1) shall include value-added tax.

(3) C shall issue a tax invoice to the defendant to receive the sales agency fee.

C. The plaintiff is his own.

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