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(영문) 서울중앙지방법원 2020.01.09 2018가합515727

계약해지무효확인

Text

1. The Defendant’s KRW 42,926,620 as well as 6% per annum from May 31, 2019 to January 9, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the dispatch of human resources and human resources consulting business, and the Defendant is a company that engages in advertising agency business, Internet sales business, etc.

B. In relation to C Co., Ltd. (hereinafter referred to as “C”), the Defendant presented a standard brand model to maximize the characteristics and images of the brand that sells C’s authorized electronic tobacco D apparatus, etc., and presented a siren that can serve as the basis for consumers, by distinguishing the group goods of the brand from the group goods of the brand.

A contract that exclusively opens and operates a domestic store (hereinafter referred to as “D store”) was concluded.

C. The Defendant, on April 19, 2017, stated that the term of the instant consignment contract was “from April 3, 2017,” but this was reversed after the Defendant concluded an consignment contract with the same content as that of the Company E prior to the conclusion of the consignment contract with the Plaintiff. However, it was due to the Defendant’s use of the consignment contract form with the Company E as the consignment contract form with the Plaintiff. In fact, the consignment contract form of the instant consignment contract was concluded on April 19, 2017.

In the above contract, the Plaintiff entered into a contract on entrustment of business affairs, which shall entrust the Plaintiff with the duties such as employment agency, education, etc. of store employees among the duties delegated by C, and shall pay an amount equivalent to 6% of the total monthly personnel expenses (direct labor expenses) as entrustment fees.

hereinafter referred to as the "contract of this case"

A) The main contents of the instant consignment contract are as follows. Article 2 (Entrustment of Duties to be Entrusted) is as follows:

1. Employment of workers by proxy;

2. Education of workers;

3. Management of wages to workers and vicarious execution of 4 major insurance business;

4. Preparing bills related to workers' operation on behalf of others;

5. The Minister of Culture and Tourism for the operation and management of stores;

6. Otherwise.