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(영문) 서울남부지방법원 2018.02.06 2016가단245214

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 24, 2016, the Plaintiff entered into a sales and consignment management contract (hereinafter “instant management contract”) with the Defendant, whose business purpose is funeral and funeral services, etc. and which includes the following matters, and the Defendant’s company Article 3 (Scope of Entrusted Services) shall entrust the following affairs to the head of the headquarters:

1. Business affairs to attract customers and business affairs incidental thereto;

2. Management affairs, including education to salespersons within the scope of approval of a company;

3. The director of the headquarters shall not carry on, or assist in, the business of an enterprise in the same kind or competition with the company during the contract period, in order to faithfully carry on the entrusted business with the company.

Article 9 (Entrustment Fee) Commission fees and allowances for the sale of goods shall be governed by the regulations on payment of allowances of companies.

(1) The term of validity of this contract shall be one year from the date of conclusion of the contract.

(2) If one of the companies or the head of the headquarters fails to notify in writing of his/her intention to refuse the contract renewal by one month prior to the expiration of the contract term, the contract term shall be automatically extended every one year on the same conditions as this contract.

Article 14 (Termination of Contract) (2) The Company may terminate this contract without a peremptory notice, where any of the following causes arises to the head of the Headquarters:

Article 15 (Measures following Termination of Contracts) (3) In cases where a contract with a consumer recruited by the head of the headquarters or his/her salesperson is maintained, the company shall not pay commission fees and business allowances to be paid in installments after the contract is terminated, and the head of the headquarters shall not exercise the right to claim such fees.

A certified business designer and the head of the Gyeonggi-gu Headquarters as the head of the headquarters.

B. The Plaintiff’s business purposes are funeral event agency business, etc. from April 12, 2016 to July 19, 2016.