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(영문) 인천지방법원부천지원 2014.12.02 2014가단1814
용역수수료반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On March 2011, Nonparty L&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) entered into a sales agency agreement with the Defendant on behalf of the Defendant to vicariously carry out the sales of Kimpo-si B and the apartment-type D, an apartment-type factory located in C (hereinafter “instant factory”), which was newly constructed by the Plaintiff (hereinafter “instant sales agency agreement”). Of the above contracts, the details relating to the instant case are as follows.

[Article 11] After the date of conclusion of the contract for the sale of buildings in units, the defendant shall not commit any of the following acts, and shall be liable for all civil and criminal acts if such acts are committed.

6) Where an officer or employee of the sales agency, who belongs to the defendant or the defendant, has made a false or exaggerated explanation as to the subject matter of sale, or has made an act under Article 12 [1] of the Act that the defendant committed an act under Article 11 (Prohibited Acts) of the Act, the non-party company may terminate this contract without a separate peremptory notice to the defendant, and no unpaid fees shall be paid out of the sales agency fees to be paid under Article 6. 4) Even after the termination of the contract under Article 6 (1) of the Act, if the sales contract by the defendant becomes null and void or is cancelled or cancelled, the defendant shall refund the sales agency fees, etc. received by the non-party company by applying mutatis mutandis each of the provisions of Article 9 (Cancellation and Cancellation of Sales Contract and Refund of Fees upon Cancellation of Sales Agency).

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