투자금 및 보수 지급 청구의 소
1. The part of the claim for the return of investment deposit in the judgment of the court of first instance against the plaintiff who falls under any of the following subparagraphs.
1. The scope of the judgment in this Court was dismissed by the Plaintiff’s claim for the return of the investment amount and the payment of the remuneration at the first instance court, and the claim for the return of the investment amount was partially accepted.
Accordingly, it is evident that the Plaintiff filed an appeal only for the portion of the claim for the return of investment amount among the claims in this case.
Therefore, among the claims in this case, only the part of the claim for the return of investment amount is subject to the judgment of this court, and only this part shall be judged.
2. Basic facts
A. (i) On January 13, 2014, the Defendant entered into a contract with E (hereinafter “E”) that provides beauty and drum services necessary for the instant wedding business, which is located in Sungnam-si, Sungnam-si (hereinafter “instant wedding hall”), and the main contents of the contract are as follows.
Article 5 (Obligation of Contractor)
1. Every contractor shall conscientiously perform the business concerned;
2. A contractor shall complete the works of the contractor's accommodation, fixtures, human resources, and marriage towing, etc. requested by the contractor within a reasonable and essential scope;
3. In performing the business concerned, contractor shall provide the customer with all the convenience requested by him/her and shall not cause any danger or injury to his/her life, body, property, etc.;
4. A contractor shall accept and reflect the reasonable request of a contractor for the work concerned.
Article 7 (Deposit) A contractor shall pay 180 million won as a business guarantee money to a contractor, and there shall be no interest thereon.
Article 10 (Prohibition of Transfer of Rights) No contractor shall transfer any rights and obligations under this contract to a third party without the prior written consent of the contractor.
Article 13 (Termination of Contracts)
1. A contractor may terminate a contract in writing in any of the following cases:
(1) Where a contractor violates this contract.