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(영문) 서울중앙지방법원 2017.09.13 2016가단5112504
위약금 등 청구의 소
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate from August 12, 2016 to September 13, 2017.

Reasons

1. Facts of recognition;

A. On August 22, 2007, the Plaintiff entered into the following business agreements with the Representative F of the E Hospital, while operating a photo museum (hereinafter “D”) with the trade name “D” in the building located in Gangnam-gu Seoul Metropolitan Government, and operating the said store (hereinafter “instant store”).

· The Plaintiff shall photograph a newborn baby’s photograph born at the E Hospital (hereinafter referred to as the “instant hospital”) and 50-day photograph, and deliver franchis (6x6 page 4 page) to the mother.

In principle, expenses incurred in shooting and painting shall be borne by the plaintiff.

· The Plaintiff’s service and service are conducted, and the instant hospital cooperates in consultation to assist the Plaintiff’s business.

The duration of the Agreement is five years (from September 1, 2006 to August 30, 201), and in principle, the extension is automatically extended unless there is any special change.

· The Plaintiff shall provide the instant hospital with the website-making and all conveniences so that it can publicize on the Internet.

The plaintiff shall bear all the expenses incurred in · all the expenses incurred in the ·be borne by the plaintiff, and shall be absolutely admitted to the opinion of the hospital so as not to damage

If it is deemed that the image of the hospital was damaged by an expression which is unfair or forced to give birth to a woman born at the hospital of this case, the hospital may unilaterally nullify this contract.

B. On September 8, 2010, the Plaintiff changed the contract period to six years (from September 1, 2010 to August 30, 2016) and concluded a new business agreement with the representative G of the instant hospital.

(hereinafter “instant Business Agreement”). 1. Investment matters ① The Defendant is to re-contract and operate the D Agreement in the future of the Plaintiff on January 2, 2015, which was appointed by the Defendant as the part of January 2, 2015.

Provided, That KRW 50,00,000 out of KRW 100,000 shall be H, and the remaining KRW 50,000 shall be the plaintiff.

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