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(영문) 서울중앙지방법원 2018.05.29 2015가단113925
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a superior company that recruits its members and provides services for events, such as funeral wedding, by means of prepaid installment transactions, and supplies of goods incidental thereto.

From November 2013, the Defendant became a superior assistant designer who belongs to the Plaintiff, and was in charge of the management and management of the superior member, concluded with the Plaintiff on August 12, 2014, and worked as the head of the Gangwon-dong Branch by the end of April 2015.

(b) The contents of the Agreement on the Business of the Branch Director relating to this case are as follows:

Article 5 (Cancellation, etc. of Contracts) (1) Where the head of a branch office intends to terminate a contract, he/she shall notify the company of his/her intention of termination in writing three

(3) Where a contract is terminated, the head of a branch office shall transfer all the affairs related to the delegation to a successor designated by the company in good faith.

Article 6 (Indemnification) (1) In cases falling under Article 19 (Indemnification), the head of a branch office shall compensate for the damages suffered by the company, and shall return all the money and valuables, such as all allowances and prize expenses paid by the company for one year prior to the occurrence of the cause during the contract period.

(2) When the head of a branch office takes over the affairs of a successor when cancelling the contract, he/she shall return all the money and valuables under paragraph (1) to the company, if the transferee fails to perform such affairs in good faith as neglecting to take over the affairs of the successor, omitting or falsely handing over the delegated affairs.

(3) Where the head of a branch office fails to faithfully implement the procedure for termination of a contract under Article 5 or violates the obligation under Article 2 (3) and (4), and where the implementation of the business plan is remarkably unfaithful, the head of the branch office shall return all expenses incurred in the opening and operation of the branch office and facilities borne by

C. On April 30, 2015, the Defendant retired and resigned from office as the head of the branch without giving written notice of termination to the Plaintiff.

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