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(영문) 울산지방법원 2017.12.20 2016가합23829
위약금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 10, 2016 to December 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs metal processing business, metal heat treatment business, etc., and the Defendant entered into a franchise agreement with the Plaintiff and was engaged in business for the Plaintiff.

B. From October 2013 to April 7, 2016, the Defendant entered into a franchise agreement with the Plaintiff (hereinafter “instant franchise agreement”) and took charge of the Plaintiff’s business affairs. As a result, 30% of the net profit accrued from the clients operating and managing the Defendant from the clients, and 50% of the profits accrued from the Defendant’s business and trading companies, or 50% C was operating and received from the Defendant’s business and managing the Defendant.

The main contents of the franchise contract of this case are as follows.

The plaintiff of the franchise employment contract and the defendant shall enter into the following contracts:

Section 1 (Purpose) - The purpose of this Agreement is to provide for the rights, obligations and other necessary matters in the management and business activities of the enterprise, and to prevent the plaintiff or the defendant from performing a unilateral termination of the contract.

Article 2 (Period of Contract) - The contract shall be indefinite from the date of conclusion of the contract, and shall be terminated under both agreements.

Article 3 (Benefits) - During the term of the contract, the payment of benefits shall be made by settling accounts of (30% or 50%) the profits from the defendant's sales excluding the taxes determined by each enterprise, and the amount of profits from each enterprise shall not be modified during the term of the contract

(1) Article 6(1) of the former Act provides that when the Plaintiff requests the Defendant to terminate the contract, 40% of the sales amount in the previous year of the termination of the contract shall be compensated. (2) When the Defendant requests the Plaintiff to terminate the contract, 40% of the sales amount in the previous year

The defendant shall not receive compensation for termination of the contract from the plaintiff, conduct the same kind of business or employment, and the period shall be ten years, and if the defendant violates this, he shall bear all the legal responsibilities.

C. The plaintiff is the same as the defendant.

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