logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.01.16 2013가단33460
약정금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff and 20% per annum from November 12, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant is a company operating a LPgas charging station for automobiles and running gas wholesale and retail business, etc., and the Plaintiff is a person who operates a gas store after being transferred the gas retail business from the Defendant as seen below.

B. On September 1, 2006, the Plaintiff entered into a contract with the Defendant on September 1, 2006 to acquire all of the business facilities, such as business rights, containers, gas, vehicles, etc., such as the business rights to sell and containers and butane gas (including the sale of butane in the airport charging stations) operated by the Defendant at Jeju, with the Defendant’s KRW 135 million.

The Plaintiff and the Defendant agreed to the said special agreement that “the Defendant would not operate the container gas sales business at the Jeju city after the transfer of the business, and the Plaintiff may claim KRW 100 million for the breach of the contract to the Defendant when the Defendant fails to perform this.”

(hereinafter referred to as the “instant penalty agreement”). C.

The Plaintiff is running a gas store under the trade name of “B” from October 1, 2006 upon payment of the price under the above contract and transfer of business. The Plaintiff is running a business to receive gas from the Defendant, etc. and deliver and sell the gas using the vehicle, etc. in a container.

【Facts 1, 2, 1, 2, 1, 2, 1 and 2, and the purport of the whole pleadings without dispute

2. The allegations and judgment of the parties

A. In addition to the Defendant’s written evidence No. 3 and evidence No. 4-1 and No. 2 of the Defendant’s penalty payment obligation, the Defendant began to engage in liquefied petroleum gas sales business with the Defendant’s executive officers (in-house directors) in the Jeju-si D ground building owned by the Defendant on August 2010, by obtaining permission, with regard to the liquefied petroleum gas sales business that was charged with “protruding and but has started to engage in" containers. “Around that time,” and “F”, both the Defendant’s advertisement that sells household LP gas to salt prices, and the job placement advertisement that recruits LPG business and delivery employees for household use in the offline newspaper.

arrow