(영문) 춘천지방법원강릉지원 2016.11.22 2016가합50255

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(영문) 춘천지방법원강릉지원 2016.11.22 2016가합50255

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1. The Defendant’s KRW 594,00,000 and the Plaintiff’s annual rate of KRW 6% from May 3, 2016 to November 22, 2016.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of real estate sales agency business, etc., and the defendant is a company with the purpose of real estate sales business.

B. On November 25, 2015, the Plaintiff entered into a service contract with the Defendant (hereinafter “instant service contract”) including the following matters.

Article 1 (General Provisions) The defendant shall independently delegate the following services to the plaintiff, and the plaintiff shall perform the services delegated by the defendant in good faith.

The location of real estate: The name of building in C and 11 lots: the size of the object of D regional housing association, housing association, apartment: The size of the object of apartment, 808 units of apartment, and other incidental and welfare facilities members: 808 units of housing (the changed number of households at the time of authorization and permission shall be the number of households)

1. The term of the service contract shall be six months from the commencement date of recruitment of partners, and shall be one month prior to the commencement date of recruitment;

Article 4 (Service Fees and Time of Payment) The service fees that the defendant pays to the plaintiff shall be as follows:

1. The recruitment service fees of the Plaintiff’s members shall be paid in cash in the amount of five million won per household (excluding value-added tax);

2. The defendant shall pay the recruitment service fee to the plaintiff when the plaintiff attains 20% of the total number of members recruited within three months.

3. The defendant shall pay service fees for the recruitment contract household of the members on the last day of each month.

4. The defendant shall pay the service fees for the relevant household in the event of the cancellation among the households recruited by the plaintiff during the period of recruitment and service of the union members, except for the service fees for the following month.

Article 9 (Cancellation and Termination of Contracts) When any of the following matters arises, the defendant may cancel and terminate this contract:

7. In a case where the plaintiff subcontracts all or part of his service to a third party without the defendant's consent, the plaintiff is subject to the cancellation or termination of this contract under Article 11 (Settlement of Accounts and Consultation).

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