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(영문) 서울중앙지방법원 2017.09.21 2016가단217

위약금

Text

1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 18, 2012, the Plaintiff recruited its members and provided services for events, such as funeral wedding, and the supply of goods incidental thereto by means of prepaid installment transactions. The Defendant concluded an entrustment contract with the Plaintiff on January 18, 2012, and served as a designer in charge of the recruitment, maintenance, and management of its regular members, and entered into a business agreement with the Plaintiff on February 9, 2015, and worked as the head of the Daejeon Branch Office of the Plaintiff until July 2015.

(b) A designer consignment contract and a branch arrangement shall contain the following terms:

▣ 설계사 위탁계약 제2조(용어의 정의)

8. The term "identical enterprise" means an enterprise that provides services for funeral or wedding and other goods incidental thereto as its business (including an enterprise that provides services for part of its business, such as the business operation and invitation of members, etc.);

Article 19 (Indemnification) (1) In cases where a designer falls under any of the following subparagraphs, the company may claim damages against the designer:

5. Where the member of a company is transferred to the same kind of company or is recommended to transfer the member of the company to another company.

9. Where a designer changes his/her position to a "same-class enterprise" within one year after the termination of the entrustment contract, he/she shall compensate for the maximum amount of the allowances calculated during the six months immediately preceding the violation (six months before the termination of the entrustment contract, in cases of violation of Article 19 (1) 9) and the total amount of 10 million won, if he/she violates Article 20 subparagraphs 4 and 6 of Article 6, Articles 7, 8 (2), 19 (1) 2 and 5 through 7, and 9;

▣ 지점장 업무약정 제1조(위임업무) 지점장이 회사로부터 위임받은 업무는 다음과 같다.

1. Business management and operation of a designer (referring to a designer specified in the contract for the entrustment of the affairs of a commercial inspector; hereinafter the same shall apply) who belongs to a branch (referring to the branch in which the branch office is managed and operated; hereinafter the same shall apply);