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(영문) 서울동부지방법원 2015.04.03 2014가단37126

위약금

Text

1. The Defendant’s KRW 4,340,850 as well as 6% per annum from September 28, 2013 to April 3, 2015 to the Plaintiff.

Reasons

Basic Facts

The plaintiff is operating a brokerage business with the trade name of "C".

Around August 24, 2012, the Defendant entered into a contract with the Plaintiff for the commission of crowdfunding, and around that time, the Defendant worked as a broker belonging to the Plaintiff from May 13, 2013.

C (company) and the Defendant (trustee) enter into a contract with the following content, when the Defendant registers as a customer of Category C:

Article 2. Trustee’s legal status (1) A trustee shall perform the duties entrusted by the Company under a commissioning contract as an independent businessman.

Article 4 Affairs entrusted by the entrusting company to the trustee shall be as follows:

1. Brokerage of conclusion of a contract for the use of crowdfunding services;

2. Maintenance of contracts for the use of crowdfunding services, and management of policyholders;

3. The duties closely related to such duties as set forth above.

4. The commission for soliciting contracts under Article 6 / [Additional Entrusted by Application or Consent of the Trustee other than the above business] The Company shall pay the fee for soliciting contracts to the Trustee on the fixed date of each month. Article 12: ① In the event that the Trustee wishes to terminate this contract, the Company shall make a written request for termination of the contract to the Company; and the Company shall complete the termination procedure within one month from the date of receipt of the request for termination. The contract for the commission of crowdfunding (the main content of A 1) concluded between the Plaintiff and the Defendant on August 24, 2012 is as follows:

Company and the trustee shall provide more than the matters specified in the commission contract.

To accurately implement the following special agreements:

Article 1. The number of teaching courses for crowdfundingers

1. Period of education and practice: Three months;

2. Expenses for education and practical training: 600,000 won/1 month.

3. Details of education and practical training: C Educational materials and early subsidies for practical training Article 2;

1. Initial subsidies (1,200,000 won/3 months) required for basic life in basic education and in-depth education shall be paid;

2.provide critical meals (14 days) for basic education.

3. Payment shall be made at the time of termination of a commissioning contract for less than three months.