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(영문) 광주지방법원 2016.06.16 2015가단43764
위약금
Text

1. The Defendant’s KRW 60,408,720 as well as the Plaintiff’s annual rate from October 15, 2015 to June 16, 2016.

Reasons

1. Facts of recognition;

A. The defendant is a council of occupants' representatives of A apartment (hereinafter "the apartment of this case"), and in the apartment of this case, cable costs have been viewed as an organization by paying receiving fees to the plaintiff from September 1, 200.

B. In July 2013, the Plaintiff entered into a contract with the head of the management office of the instant apartment that represented the Defendant, including the following:

The plaintiff and the apartment management office of the apartment of this case shall mutually trust in viewing the cable-type channel(s) organization with the cable-type distribution office and enter into a contract as follows:

Article 1: Contract term shall be three years from July 1, 2013 to June 30, 2016, and shall be automatically extended if there is no mutual objection.

(hereinafter referred to as "group") Article 2: The content of group viewing.

(4) The payment of receiving fees shall be made by the last day of each month by the notice of the total amount of 2,763,200 won as management expenses.

Receiving fees shall be collected and deposited in the management office by proxy due to collective apartment discount policies.

Article 4:Before the expiration of the contract, the contract shall not be unilaterally terminated without mutual consultation between the plaintiff and the above management office, and when the above management office violates it, the amount equivalent to two times the expenses for the cable expenses group facilities and the amount equivalent to two times the amount of receiving fees for the remaining contract date shall be paid as penalty.

C. After the above contract, the Plaintiff spent KRW 6,250,000 for the group facility costs of the instant apartment complex.

In the apartment of this case without objection, the head of the management office notified the Plaintiff on September 4, 2015, that the head of the management office would terminate the above contract as of September 6, 2015. The Defendant entered into a contract with the IMB Broadcasting Co., Ltd. and started to be supplied with digital broadcasting around that time.

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