beta
(영문) 대전지방법원천안지원 2019.04.04 2018가단105046

약정금

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from May 13, 2018 to April 4, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. In around 1993, the Plaintiff started the business of issuing “E”, which is a D Advertisement Book in the astronomical area, once a year, with the trade name of “C,” and published the book once a year from 1995 F and G areas in 195.

B. Around December 22, 1998, the Defendant entered into a contract with the Plaintiff to pay a certain amount of money to the Plaintiff in return for acceptance of the said E business rights and customers (hereinafter “instant contract”). The instant contract provides for the Defendant’s transfer of business rights and waiver thereof as follows.

1) The defendant shall not transfer business rights and business partners to another person without the plaintiff’s understanding note (Article 7(2)). If the defendant renounces his/her business, he/she shall contact the plaintiff in writing prior to October 1 of each year, and in such cases, the plaintiff may resume his/her business rights and conduct business by accepting them again.

(Article 8, 9.3) The waiver of business rights by the Defendant is that all advertising businesses and human resources related to the efforts of the Defendant, including E, H, I, and others, carried on in a astronomical area during that period, are carried on or abandoned in a astronomical area (Article 10.4). Even if the Defendant is not registered as an entrepreneur in the tax office due to any circumstance, if the Defendant is related to the advertising business or his lineal ascendant and descendant, or a branch continues to carry on the advertising business, the Defendant’s business will be considered as

(Article 14. 5) The Defendant would compensate the Plaintiff for a lump-sum amount of KRW 200 million in the event that the Defendant did not or intentionally transferred the instant contract to another person (Article 16). C) After the conclusion of the instant contract, the Defendant paid the Plaintiff part of the advertising sales amount by issuing each seven months and paying the Plaintiff part of the advertising sales amount.

The defendant is responsible for the production of books E around September 2015 in order to reduce the profitability of the D Advertising booker business by expanding smartphone search, etc.