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(영문) 서울중앙지방법원 2017.07.14 2016나24719
위약금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3. Action.

Reasons

1. Basic facts

A. The Plaintiff is a superior company that provides services for holding funeral and wedding events through prepaid installment transactions by inviting members and supplies incidental goods.

B. The Defendant, from around July 17, 2014, concluded an agreement on the business of the head of a branch office with the Plaintiff (hereinafter “contract on the head of a branch office”) in addition to the contract on the consignment of the said designer on March 13, 2015 while recruiting, maintaining, and managing the Plaintiff’s standing members and working as a designer who received allowances therefor. From that time, the Defendant worked as the head of a branch office of the Plaintiff from May 29, 2015.

Among the consignment contracts for branch offices, the relevant contents of the instant case are as follows.

Article 5 (Termination, 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 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 (Compensation for Damages) (1) The head of a branch office shall compensate for the damages suffered by the company in cases falling under Article 19 (Compensation for Damages) of the consignment contract for the duties of a superior specialized designer, and shall return all money and valuables, such as all allowances and prize expenses, etc. received from the company for one year prior to

(2) The head of a branch office shall return all the money and valuables under paragraph (1) to the company, if the director of the branch office neglects to take over and take over the affairs of a successor when the contract is terminated, or fails to perform such affairs in good faith, such as 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

(4) The head of a branch office shall be one year after the contract is terminated.

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