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(영문) 대전지방법원 2015.05.13 2014가합5269

손해배상(기)

Text

1. The defendant shall pay the following amounts to the plaintiffs:

A. The Plaintiff A’s KRW 156,000,000 and the same shall apply thereto. < Amended by Act No. 13205, May 2015>

Reasons

Basic Facts

From March 14, 2012, the Defendant is a person who has run a wholesale business in the panty city (hereinafter “instant business”) with the trade name “E” from March 14, 2012, and the Plaintiff A is a person without delay.

The plaintiffs and the defendant were belonging to the Saturdays organization "F" and were aware of each other.

Plaintiff

B The main contents E (A), B, and C (B) common from June 28, 2013 to September 28, 2013 to September 2013 from September 28, 2013 to February 28, 2014, respectively, of the date of the Plaintiff C contract, enter into a product brokerage and investment contract as follows:

Article 1(Purpose)The objective of this Arrangement is to increase common interest in good faith between A and B for the distribution business of goods.

Article 2 (Term of Contract) The term of validity of this Agreement shall begin from the date of the selection of the product and shall begin until the date of settlement of investment principal and profit dividends to Section B after the issuance of the product.

Provided, That the contract period may be extended by mutual agreement between A and B.

Article 3 (Investment)

1. A and B shall develop goods in good faith, and Gap shall produce and distribute them to cause profits.

2. B shall not be directly involved in the manufacture and distribution of products of Party A.

Article 4 (Settlement of Profits of Funds Investors)

1. The settlement of earnings shall be between the fiveth day following the following month from the date of the withdrawal of the product;

2. A Financial Investor B shall pay each month the rate of return of 7.5% (90%) per annum to the principal.

3. If Eul is a long-term investor, the recovery of the principal shall be notified to Eul two months prior to the date desired to Eul.

(Provided, That if Party B did not notify Party A of the date of principal recovery, Party A’s arbitrary date of principal recovery may be determined)

4. In cases where Gap also fails to comply with the date of settlement of earnings and collection of principal desired by Eul, he shall pay the earnings and the interest at the rate of 18% per annum on or before the date of principal collection.

Article 7 (Termination of Contract) In any of the following cases, A may terminate the contract with B without prior notice.

1. keep a transactional relationship in the commercial practice.