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(영문) 서울중앙지방법원 2016.07.13 2015가단42320
위약금
Text

1. The Defendant’s KRW 12,618,846 to the Plaintiff, as well as 5% per annum from December 11, 2015 to July 13, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff Company is a legal entity that conducts the business of the Plaintiff’s head, etc., and the Defendant served as a designer belonging to the Plaintiff from September 22, 2008, and entered into an entrustment contract with the Plaintiff Company on September 24, 2012, and worked as a branch office C from that time.

(b) The main contents of the business agreement of the heads of branches (hereinafter referred to as the “agreement”) prepared at the time of the entrustment contract are as follows:

Article 3 (1) Lease deposit and rent, management expenses, water and mineral heat expenses, and communication expenses necessary for the establishment of a branch shall be borne by the company.

(2) Expenses incurred in purchasing office fixtures, chairs, and computers necessary for the establishment of branches shall be borne by the company.

(3) Costs of manufacturing and maintaining outdoor advertisements at branches shall be borne by a company.

(4) Expenses incurred in maintaining office fixtures for branch offices shall be determined through consultation between the company and the heads of branch offices.

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

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

Article 6 (1) The head of a branch office shall compensate for losses suffered by a company, in cases falling under Article 19 (Compensation for Damages) of the contract for entrustment of duties of a commercial assistant designer, and shall return all of the allowances, prizes, and other money and valuables received from the company for one year before a cause occurs during the contract

(2) When the cancellation of a contract with the head of a branch office takes over the affairs of the successor in accordance with the good faith, such as neglecting to take over and take over the affairs of the successor, omitting or falsely handing over the delegated affairs, all the money and valuables under paragraph (1) shall be returned to the company.

(3) Where the head of a branch office fails to faithfully fulfill the procedures for termination of a contract under Article 5 or violates the obligations under Article 2 (3) and (4), the head of the branch office shall bear the company if he/she significantly unconscientiouss the implementation of the business plan.

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