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(영문) 울산지방법원 2017.01.18 2015가단59831
구상금
Text

1. Defendant B shall pay to the Plaintiff KRW 47,303,720 and the interest rate of KRW 15% per annum from January 19, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On October 27, 2010, the Plaintiff entered into a contract, including a strategic agency contract with the Plaintiff and Defendant B, with the following terms and conditions as D and Defendant B, which operate a sales store under the trade name “C”. A) The Plaintiff’s strategic agency transaction contract with the Defendant B, etc. continues to sell the bags, etc. for automobiles produced and imported by the Plaintiff to the Defendant B, etc., and purchase them by the Defendant B, etc.

B) The Plaintiff under a equipment lease agreement shall lease equipment to Defendant B, etc. without compensation (one wheelchairs (24.3 million won), one wheelchairs (1.350,000 won), one departing machine (2.750,000 won), and separate value-added tax) (Article 1 and Article 3 of the contract). In cases where the conditions of sale stipulated in the agency transaction agreement fall short of the Defendant B, etc., or where the contract is terminated inevitably due to reasons attributable to Defendant B, etc., the Defendant B, etc. shall compensate the Plaintiff for an amount equivalent to the cost of equipment stipulated in Article 1 for the leased object (Article 5(1)(c) of the contract). The Plaintiff under a facility support agreement shall install and support the facilities (such as signboards, etc.) that indicate that the Plaintiff is a franchise store as follows:

(A) Article 1(1) of the Contract: (a) The total amount of a place of installation shall compensate the Plaintiff for the amount equivalent to the amount of the Plaintiff’s support for the signboards and facilities specified in Article 1 for the leased object, if the conditions of sale stipulated in the agency transaction contract for the 16,063,720 won in North-gu Seoul Metropolitan City, Daegu Metropolitan City, in which the Plaintiff’s support money and facilities are less than the Defendant B, etc., or if the contract is inevitably terminated due to

(Article 5(1)2) The Defendant B, upon termination of the instant strategic agency contract, was supplied with the Plaintiff with typists from June 30, 2012 to December 31, 2013, and did not pay KRW 219,905,144.

Accordingly, on April 11, 2014, the Plaintiff paid the amount of goods unpaid to Defendant B by April 30, 2014.

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