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(영문) 서울중앙지방법원 2020.03.11 2019나58713
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On May 10, 2018, the Plaintiff was appointed as a bankruptcy trustee of A Co., Ltd. (hereinafter referred to as “Bankruptcy Co., Ltd.”) according to the Seoul Rehabilitation Court Decision 2018Hahap10036 Decided May 10, 2018, and the bankruptcy company operated a selective business with a nationwide organizational network.

Article 1 (Purpose) The purpose of the Bankruptcy Company and the Non-Party Company is to realize high-quality selective distribution services and to clarify the mutual rights and obligations in establishing local agencies in order to perform the business affairs of the bankruptcy company's selective assignment services and to perform the duties of the non-party company by using the "F" brand.

section 3. (Term of Contract) The term of this contract shall be from March 1, 2014 to February 28, 2016.

1. If no separate declaration is made in writing not later than three months before the expiration of the term of this contract, the contract shall be deemed to have been renewed under the same conditions;

Article 17 (Provision of Security)

1. In order to guarantee the implementation of this Agreement, the non-party company will deposit the amount of KRW 40 million (40,000,000) with no interest to the bankruptcy company within the time limit specified in this Agreement as the contract performance bond.

7. Where a contract is terminated due to the expiration of a normal contract term or the termination of a contract due to the termination of the contract of the non-party company, the bankruptcy company shall deposit the cash security provided by the non-party company as interest free for three months in preparation for the case of customer accidents that will occur in the future from the expiration date of the contract, and pay the balance after processing the settlement of the amount of accident, accounts receivable, etc. first by offsetting

8. The payment of deposits and the provision of security for the non-party company is as follows:

Article 19 (Handling Fees) of the "Succession" provides that the customer shall pay the expenses incurred in the handling of the goods requested by the bankruptcy company using the door-to-door services of the bankruptcy company, and the bankruptcy company and the non-party company shall pay the expenses in accordance with the prescribed provisions.

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