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(영문) 서울중앙지방법원 2020.05.06 2019가합576101

위약벌 청구의 소

Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 18% per annum from December 3, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the construction, operation, and management of a domestic complex film museum, the export and import of domestic and foreign movies and other visual works. The Defendant is a company engaged in real estate leasing and selling business, real estate development business, etc.

B. On May 11, 2016, the Plaintiff entered into a business partnership agreement with the Defendant (hereinafter “instant business partnership agreement”) on the five- nine to nineth floor of the building (hereinafter “instant subject matter”) scheduled to be newly constructed in Daegu-gu D (hereinafter “instant subject matter”) under which the Defendant provided necessary services so that the Defendant would use the Plaintiff’s E brand and receive business partnership fees, etc. (hereinafter “instant business partnership agreement”). The relevant content of the instant subject matter as indicated below is as follows. Here, “A” and “B,” respectively, concluded a business partnership agreement with the Defendant and “B,” respectively.

Article 3 [Commencement of Business and Period of Business Alliance] (1) The period of business partnership (the period of contract) shall be calculated from the date of the conclusion of this contract, and shall terminate at the expiration of five years from the date of commencement of the film museum business (presumed in the second half of

Article 17 [Cancellation and Termination of Contracts] (3) "B" may cancel and terminate this Agreement without any separate peremptory notice in the event that any of the following events occurs:

1. Where “A” fails to perform any of the important obligations specified in this Agreement without justifiable grounds;

4. Where the business commencement (including the date altered by agreement) referred to in Article 3(1) is delayed for not less than two months due to failure to implement the administrative procedures for operating the movie theater in the object or delay in approval for use, etc. (including the date altered by agreement) of the subject matter, Article 18 (Penalties, etc.) (1) In the event that this contract is terminated due to any cause attributable to a party and where any cause falling under any of the following subparagraphs occurs, the responsible party shall pay the other party a penalty in penalty in writing (Won 500,000,000), and

1. A, “A”, as stated in this Agreement.