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(영문) 서울남부지방법원 2020.02.11 2019가합109064
선급금 반환 등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 1,759,213,258 and 5% per annum from September 1, 2018 to June 3, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of travel business, etc., and Defendant B (hereinafter “Defendant Company”) is a corporation with the purpose of travel business, etc., and Defendant C is the representative director of the Defendant Company and the internal director of Defendant C, a corporation closed on December 1, 2017 (hereinafter “D”).

B. The Plaintiff and the Defendant Company commenced transactions from around March 2017, entered into a business cooperation agreement on March 9, 2017, and entered into a business cooperation agreement on January 2, 2018 with partial revision of the duty-free shop fee rate as follows (hereinafter “instant agreement”). Defendant C jointly and severally guaranteed the present and future obligations owed by the Defendant Company to the Plaintiff according to the instant agreement.

Article 1 [Business Cooperation] (2) The purpose of this Agreement is to maintain and manage all the agreements, such as exclusive status and contracts, with duty-free shops, and to take charge of passengers' duty-free shops, and to guide and mediate Chinese tourists' tourism and shopping mall shopping malls, which are attracting by the Defendant Company, in order to systematically and economically direct and manage the Chinese tourist in Korea and shopping malls through INBUD POLTRM, which are operated by the Plaintiff. The Defendant Company is to guide and arrange the Chinese tourists' tourism and shopping mall's shopping mall, which are attracting at the responsibility and expense of the Defendant Company.

Article 2 [Period of Contract] (1) This contract shall become effective from the date of conclusion until December 31, 2019.

Article 3 [Deposit] (1) In order to ensure and support the safe and smooth business cooperation of the defendant company, the plaintiff may pay to the defendant company through consultation with the defendant company within the scope of estimated fee under Article 5, which can be achieved by the defendant company per week.

Article 4 (Restriction on Use, Repayment, etc. of Deposit) (5) When a defendant company falls under any of the following subparagraphs, he/she shall lose the benefit of time without notification or peremptory notice, and make a lump sum payment:

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