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(영문) 전주지방법원 2017.07.04 2016가단6011

위약금 등

Text

1. The Defendant shall pay the Plaintiffs KRW 50,000,000 and the interest rate of KRW 20% per annum from March 14, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 24, 2014, the Plaintiffs entered into a franchise agreement with the Defendant and E on October 24, 2014, stating the following (hereinafter “instant franchise agreement”).

The main contents of the instant franchise agreement and the notification of the obligations under the relevant agreement under Article 7(1) shall be made in writing.

· The contract term of Article 11 and attached Table 1 shall be from October 24, 2014 to October 23, 2016.

- Where a contract is terminated due to a violation of a contract which is not agreed in writing, unilateral termination, etc. during the contract period under Article 37 (4), a person liable for the termination of the contract shall pay to the other party the amount of "50 million won x the number of months remaining after the contract period" as penalty.

- Where the contract under Article 38(1) is terminated due to the termination, the defendant shall without delay return important documents, etc. related to the operation of the store provided by the plaintiffs to the plaintiffs.

When delay is made, the amount equivalent to KRW 300,000 per day (day) shall be paid to the plaintiffs.

- Article 39(3) and (4) The defendant does not operate the same kind of business as the plaintiffs' business in his/her or a third party's name during the contract period without the plaintiffs' permission.

If the defendant violates this, he shall pay 50,000,000 won to the plaintiffs as a penalty for negligence.

· If the obligation to pay money is delayed in connection with this contract, the interest in arrears shall be paid in addition to the interest in arrears at the rate of 20% per annum.

· The parties to the contract, in addition to the remedies stipulated in this Agreement, may claim damages for breach of the contract or for tort of the other party other than those stipulated in this Agreement.

B. On May 2015, the Defendant invested KRW 50,000,000 in each of the elderly weekly protection projects in the name of FG around May 201.