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(영문) 광주지방법원 2017.02.03 2015가단530220
약정금
Text

1. The Defendant’s KRW 67,100,000 as well as 6% per annum from December 11, 2015 to February 3, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On January 19, 2015, the Plaintiff entered into a branch contract with the Defendant, a stock company, with the following content as the former president of the Defendant’s Jeonnam Branch:

Article 1 Definitions

1.1. Unless there is a particular note, the terms indicated as "" shall have the meaning defined in this Article.

(g) "Business territory" means the geographical boundary of Jeonnam.

Article 2. Authorization

2.1. During the term of this Agreement, B recognizes a branch as a branch within the “business territory” and grants less goodwill, subject to the terms and conditions established in this Agreement.

(a) conduct business activities within the “business area” for the sale of products in B; and

2.3. In principle, the branch office shall not have any act of selling products or parts of its head office, or any act of entering into a contract for sale, receipt of an order, etc.

The branch office shall not be granted the right to enter into a contract with a customer under the name of B or branch for the sale of products: Provided, That the head office shall pay a certain fee to the branch only if the sales contract is concluded at the time when the subsidy, etc. applied by the public office or other institution is determined for the purpose of gaseous purchase by the customer and the sales contract is concluded.

2.4.B has the right, directly or indirectly, to sell “products” or “parts” to “materials”, including other branches or wholesalers, within the business territory, and does not bear any obligation to the branch in respect of these transactions.

2.6. B The head office shall not be liable to pay any other remuneration or case to the branch office when the branch office has participated in the delivery by performing its main business activities under the initiative of the branch from customer development to the delivery of the sales.

Article 5 Obligations Reportings, Sessions and Annual Reports, and

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