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(영문) 대전지방법원 2015.04.30 2014가단33632

손해배상(기)

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 29,02,00,00 and the interest rate thereon from July 30, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On February 22, 2011, the Plaintiff entered into a sales delegation agreement with Defendant A, including the following real estate lease and cosmetics (hereinafter “instant agreement”); and Defendant B entered into a financial guarantee agreement with the Plaintiff on the same day to jointly and severally assume the liability for all damages related to the said sales delegation agreement with Defendant A.

Article 2 (Indication of Real Estate and Contents of Lease): 50,00,000 won monthly average sales standard amount of 30,000,000 won for 50,000 won for 50,000 won for 400,000 won for 300,000 won for 30,000 won for 30,000 won for 30,000 won for 30,000 won for 30,000 won for 30,000 won for 30,000 or more for 30,00 won for 1,000 won for 30,00 won

Provided, That in principle, the standard amount of sales shall be determined within the limit of 5% of the rental price, which is the margin of the company's profits.

(3) The Plaintiff shall verify the performance conditions under Article 3 (1) and make a lease contract and an investment in facilities.

(6) The term of the performance agreement shall be from March 1, 2011 to February 28, 2013.

Article 4 (Liability for Damages and Methods) (2) If the defendant A fails to meet the standard amount of sale under Article 3(1), the defendant A shall comply with the following six-month standard of compensation for rental loss.

Provided, That if the defendant A failed to achieve the standard amount of sales due to inevitable circumstances, the amount of compensation for the lease loss may be adjusted to the extent that the plaintiff and the defendant A would be able to obtain each other.

When the amount is below 90% of the standard amount of compensation for rent loss: (6-month rental fee) x 10% sales below 80%: (6-month rental rental fee) x 20% sales below 70%: (6-month rental fee) x 30% of the sales x 30% of the sales : (6-month rental fee) / (6-month rental fee) / (4) the defendant A shall compensate the plaintiff for the following facility investment expenses and the remaining amount of rent.