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(영문) 대구지방법원김천지원 2016.01.14 2015가단32246
계약위반에 따른 위약금청구
Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 as well as 15% per annum from July 24, 2015 to August 3, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a wholesale business of communications equipment with the trade name of C, and the Defendant is a person who runs a retail business of mobile phones with the trade name of D.

B. The date of the preparation of the contract around April 16, 2015 is April 18, 2015.

The Defendant entered into an entrustment contract with a sales store with the intent of attracting subscribers and receiving fees from the Plaintiff to carry out the sales business by being entrusted with the sales business of mobile phone terminals from the Plaintiff, and concluded the following agreements (hereinafter “instant agreement”) and the undertaking of prohibiting unfair opening of business (hereinafter “instant undertaking”).

Article 2 (Entrustment of Inducement of Insured Status, etc.)

4. The defendant Eul (hereinafter referred to as the "the defendant of this case") shall not sell a device in a manner contrary to the relevant laws and regulations in relation to the illegal type of business and measures against the violation of the "unfair business type and violation entered into with Gap (hereinafter referred to as the "Plaintiff of this case").

Article 4 (Purchase of Credit Insurance)

1. If it is deemed necessary with respect to all obligations owed to, and all other receipts due to, Party A arising in connection with a sales business entrusted to, Party A, and then deposited into, Party A, the Seoul Guarantee Insurance Co., Ltd. or the financial institution's commercial credit insurance that Party A recognizes may obtain compensation for losses that may be incurred due to the nonperformance of obligation by Party B;

Unfair Business Start-up Declaration

2. Full deduction of the relevant sales commission and collection of 10 million won in addition, when illegal business activities are discovered online/TM/electric complex;

4. Redemption of the amount of fees for fishing instruction by intentionally delinquency in payment of charges after opening for at least 7 days from the end of a call call of at least 20 minutes, at least 3 the base station, and not more than 20 cases a month, each month of the prohibition of opening (management for at least 3 months after opening);

C. Pursuant to the instant contract, the Defendant: (a) pursuant to the Defendant’s insurance policyholder, the Plaintiff, the Plaintiff, the purchase amount of insurance KRW 10 million; and (b) pursuant to the telecommunications business agreement, around April 16, 2015.

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