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(영문) 서울중앙지방법원 2017.10.13 2016가합536287
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 516,458,334 and KRW 300,000 among them, and Defendant C on June 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant Company B (hereinafter “Defendant Company”) entered into a contract between the Plaintiff and the Defendant Company (hereinafter “Defendant Company”) on January 2016, 2016, the strato and the 1st and 2nd floor of the building located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”).

(2) On January 13, 2016, the Plaintiff entered into a consignment operation contract (Evidence 3) and a written agreement on business partnership (Evidence 4) with the Defendant C, the representative director of the Defendant Company, and the Plaintiff provided that the Defendant Company leased the instant building so that it can use it as brand E, and deposited the total sales proceeds that the Defendant Company acquired by selling the product in the said store into the joint management account, the Plaintiff agreed to receive a certain amount of the product as the joint management fee, and entered into a consignment operation contract (Evidence 3) and a written agreement on business partnership (Evidence 4) around January 13, 2016. The main contents of the above consignment operation agreement and the agreement on

(hereinafter) The Plaintiff and the Defendant Company entered into a contract with the signing of the above consignment operation contract and the agreement on business partnership (hereinafter “instant contract”). Article 3 of the consignment operation contract (the term of contract and the renewal) contract term shall be from February 15, 2016 to February 14, 2018 (24 months) and shall be notified within three months if the contract is extended.

Article 4 [Attachment 1] The Plaintiff shall pay to the Defendant Company the sales amount excluding KRW 40,00,000 (including value-added tax) and KRW 55,00,000 (including value-added tax) for the two-month period following the contract in the total monthly sales at the Gangnam Burial. 2) The Defendant Company shall deliver monthly sales settlement details to the Plaintiff by the third day of the following month, and the Plaintiff shall pay the operating expenses under the above provision to the Defendant Company on the 5th day of the following month.

Article 9 [Cancellation of Contract] 1) The plaintiff and the defendant company may terminate this contract by mutual consultation after giving written notice 30 days prior to the expiration of the contract, even during the period of the contract. 2)

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