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(영문) 서울서부지방법원 2017.08.10 2016가단253030
등록비반환청구
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 6% per annum from October 18, 2016 to November 21, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 17, 2014, the Plaintiff entered into a business branch contract (hereinafter “instant contract”) with the Defendant, who is the business owner of D, who is a state-authorized English proficiency Test (C), with the content of the following contract (hereinafter “instant contract”).

D The E (hereinafter referred to as the "Defendant; hereinafter the same shall apply) and F (A) (hereinafter referred to as "B") (hereinafter referred to as the "Plaintiff"; hereinafter the same shall apply) shall enter into a contract for a D business branch as follows:

Article 3 (Establishment of Contract Area) 1. "B" operates D Business Branch within the territory of Jeollabuk-do.

2.‘B’ may not conduct business activities in any place other than the contract area and may not concurrently conduct similar evaluation projects as D.

3. “A” cannot establish a D business branch within a contract area without prior consultation with “B.”

Article 4 (Expenses for Registration of Branch Offices) 1. “B” shall, at the same time as this contract is executed, deposit the amount of KRW 50,000,000 (Additional Tax separate) for one district into the deposit account designated by “A” at the expense of registration of branch offices.

Provided, That when the contract is terminated after two years, the registration expenses (50,000,000) for the business branch office paid with the stock investment amount (50,000,000) shall be immediately taken over in the Dispute Resolution.

Article 6 (Period of Contract) 1. The duration of this contract shall be two years from the date of conclusion of the contract, and each other shall be notified in writing at least one month prior to the expiration of the contract.

Provided, That if the number of annual cumulative pay applicants per area within the jurisdiction of "B" is less than 1,00 per year until the expiration of the contract, it shall be terminated on the expiration date of the contract.

Provided, That if the cumulative number of applicants is at least 1,000 annually, the contract shall be automatically extended.

Article 10 (Termination of Contracts) 1. "A" and "B" may terminate this Agreement without delay unless correction is made within the prescribed period after giving written notice for correction for a period of 14 days if the other party violates this Agreement.

3. The cancellation of a contract shall be liable for damages to the party to the contract.

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