(영문) 서울중앙지방법원 2015.10.16 2014가합534539

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(영문) 서울중앙지방법원 2015.10.16 2014가합534539

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is a company that manufactures, distributes, or sells cosmetics.

B. On June 1, 2013, Defendant A entered into a contract with the Plaintiff for the entrustment of organization management (hereinafter “instant business contract”) and performed education and management duties for lower managers and sales clerks at the Plaintiff’s cosmetic business section D office.

The main parts of the instant business contract are as follows.

Article 5 (Liability for Damages)

1. Where a person inflicts losses on a company by intention or negligence, he/she shall compensate the person who inflicts losses on the company in violation of a separate pledge as determined separately;

3. If, during the term of the contract in violation of paragraph 5 of Article XIV, the Manager has terminated the contract with the Company by engaging in a business for the purpose of selling the same kind of product during the term of the contract or by engaging in any work for the purpose of selling the like product for another enterprise, the Manager shall compensate the Company for the amount calculated as follows.

(1) All costs of office fixtures and expendable goods are the total costs of office fixtures, fixtures, sales equipment, and other expendable goods that a company provided free of charge for the management of the manager’s business, and the total costs of office fixtures and sales equipment, with depreciation on a five-year basis. (2) The costs of office fixtures and sales equipment are the annual amount of loss calculated from the date of termination of the lease contract to the date of termination of the lease contract. (2) The monthly rent includes the amount calculated from the date of termination of the contract to the date of termination of the lease contract on the basis of the average rent for the three-month period immediately preceding the date of termination of the contract.

(3) The amount equivalent to 30% of the total monthly sales by the business State under the jurisdiction of the relevant manager during the six-month period immediately preceding the date of termination of the penalty shall be the average monthly sales for the three-month period.

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