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(영문) 의정부지방법원 2017.11.10 2017가합51273
용역비
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 334,200,000 and 6% per annum from January 21, 2016 to March 20, 2017.

Reasons

1. Basic facts

A. On July 2015, the Plaintiff entered into a service contract on behalf of the Defendant Yangju District Housing Association (hereinafter “Defendant Association”) and on behalf of the Defendant Association (hereinafter “instant member recruitment contract”) which is an agent for the execution of the building subject to recruitment of the members of the Defendant Association, and on behalf of the members of the Association, on behalf of the association (hereinafter “instant member recruitment contract”).

The following are relevant to the instant case in terms of the terms of the contract for recruiting cooperative members.

Article 6 (Rate of Solicitation Agency Fee) (1) The recruitment agency fee shall be KRW 5,500,000 for each household unit for the recruitment of members (excluding value-added tax).

(2) The timing to pay solicitation agency fees shall be 15 days per month by making a request on a 15-day basis, and shall be paid immediately after receipt from the trust

Article 7 (Refund of Fee for Recruitment Agency) (1) If the contract amount is to be returned to the partnership agreement party without deducting the penalty from the penalty due to the invalidation of the partnership agreement due to the inappropriate business activities of the plaintiff, the plaintiff (the defendant is stated as "the defendant, but it appears to be a clerical error) shall immediately return the relevant recruitment agency fee already paid to the defendants.

However, in this case, the defendants can be deducted from the recruitment fees to be paid to the plaintiff first, and the extension of the recruitment agency period is also the same.

B. On November 20, 2015, the Plaintiff entered into an agreement on the settlement of accounts with the Defendants on the commission for solicitation of unpaid subscription fees (hereinafter “instant agreement”) as follows.

Settlement Agreements

1. Account payable: 714,200,000 won;

2.The amount and time 1) The Defendants shall pay 714,200,000 won for the settlement of accounts payable under Article 1 less 300,000 won for the offset disposition under paragraph 3 of this Article as follows:

2) Amount and schedule of payment: 414,200,000 won (1) on November 20, 2015: 110,000,000 won (2) on December 20, 2015: 150,000 won (3): 150,000,000 won (3): 154,200,000 won) on January 20, 2016: 30,000,000 won out of the aforementioned accounts payable.

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