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(영문) 대전지방법원천안지원 2020.07.22 2019가단112324

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from August 15, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On February 1, 2019, the Plaintiff entered into a contract with the Defendant with the terms of entrusting the Defendant with the operation of the store “D direct store” located in Seoan-gu, Seoan-gu, Seoan-gu with the following content:

(2) The purpose of Article 1(1) of the Agreement is to stipulate all necessary circumstances for the Defendant to sell to consumers the goods as stipulated in Article 2 of the Contract’s customer in the store leased by the Plaintiff.

Article 2 (Goods Subject to Entrustment) Items: The defendant shall notify the plaintiff of the sales performance by type of sales after the end of each month, in writing and by designated e-mail of the representative, on the first day of the following month after the end of the sales.

In addition, daily sales cases should also be notified to the plaintiff by e-mail after the closing of the day.

Article 10 (Cancellation and Termination) (1) In the case of occurrence of any of the following subparagraphs, the plaintiff or defendant may terminate this contract by giving written notice to the other party regardless of the contract period:

1. Where the defendant's failure to comply with the contract period without justifiable grounds, refuses to cooperate in business, and causes damage to the plaintiff as it is not responsible for its location management;

5. Where any other serious cause for which it is difficult to perform this contract arises. (2) The cancellation or termination under paragraph (1) shall not affect the Plaintiff’s claim for damages, and the Defendant shall pay 50,000,000 won to the Plaintiff in the event of violation of any of the subparagraphs above

A penalty is promised to be calculated under mutual agreement between the plaintiff and the defendant on the basis of the investment cost (security deposit, rent, Defendant's interior investment) etc. (the security deposit, rent, Defendant's interior investment) in order to operate the seat.

B. However, within the store of this case, the defendant arbitrarily paid a small amount of money using customer information that purchased a mobile phone while conducting a computer game of this case, etc., and the plaintiff is more likely to do so.