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(영문) 서울중앙지방법원 2015.01.22 2014가합44807
용역비
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 55.8 million and Defendant B Co., Ltd. with respect thereto from September 5, 2013.

Reasons

1. Basic facts

A. On January 17, 2013, the Plaintiff entered into a sales agency contract with the Defendants on behalf of the Defendants to sell the instant officetels (hereinafter “instant officetel”) in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant sales agency contract”). The main contents are as follows.

Article 3 (Scope of Business) (1) The Defendants shall, upon entering into this contract, provide the Plaintiff with the sales agency business and other incidental business thereto, and all sales contracts within the agreed period shall run through the Plaintiff.

Article 6 (Business Performance Period and Commencement of Sale) (1) The plaintiff's business performance period shall be 12 months from the date of this contract.

(2) When necessary for the performance of duties, the Defendants and the Plaintiff may adjust the period under mutual agreement.

(3) The plaintiff shall sell at least 30% of the total number of units within six months from the commencement date of sale.

(4) The plaintiff shall sell at least 50% of the total number of units to the general public within 12 months from the commencement date.

Article 7 (Commission and Payment Method for Selling in Lots) ① Registration commission for selling in lots under this contract shall be 3.1 million won/100,000,000 won/1,000,000,000,000 won/1,000,000 won/1,000,000,000 won/1,000,000 won

Article 10 (Claims and Payment of Fees) (1) The Plaintiff shall claim a sales commission for the deposit of the sales contract as of the end of each month. The Defendants and the Plaintiff shall prepare the standards for payment to confirm the details of the request, and shall pay the fees in cash within seven days from

② The Plaintiff may claim the first commission after entering into a sales contract with 30% (93 households).

In addition, if the share of liability does not reach the share of liability pursuant to Article 6 (3) and (4), the fees that the plaintiff is entitled to receive from the defendants shall be waived.

Article 18 (Termination of Contracts) (1) In the event that the plaintiff falls under any of the following subparagraphs, the defendants shall enter into a contract:

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