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(영문) 서울중앙지방법원 2016.04.15 2015가단5142430
약정금
Text

1. As to KRW 28,100,000 among the Plaintiff (Counterclaim Plaintiff) and its KRW 14,900,000 among the Plaintiff (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) shall have the effect on January 1, 2013.

Reasons

(b). b.

On October 4, 2011, the Plaintiff and the Defendant entered into a “unusedd cooperation contract” (hereinafter “instant contract”) and the part relating to the instant case in the terms of the instant contract is as follows.

The representative director C and the defendant (hereinafter referred to as "A") of the plaintiff (hereinafter referred to as "B") shall enter into a cooperative agreement on the right to beauty and dice lending.

Article 2 (Term of Contract) The term of contract shall be from October 4, 2011 to December 31, 2013, and the re-contract shall be concluded under mutual agreement between both parties at the time of expiration of the contract.

(Provided, That in principle, the sales of goods shall be made by the rate table based on the basis of Article 5 (Unit of Supply) of the Act (if there is no notice of the completion of the contract by 30 days prior to the termination of the contract, it shall be automatically extended for one year) but the following amount may be adjusted by mutual agreement:

1. Holdings / 100 per / supply price of 300,000 won per / supply price per 1 set of note 1/supply price per new ditch * Dr. 200,000 won per dr. dr. 2-3 new ditch / supply price per 100,000 won per dr. dr. dr. 2-3 new ditch / supply price per 10,000 won per dr.

2.Other / * Additionals may arise for reasons such as other cares and dances, and with respect to the additions, “A” shall not participate in all.

Article 6 (Bench Security) Where “A” is held in custody of the event, 100,000 won per case shall be paid to “A”.

In addition, "A" shall be notified to "B" in advance when attracting the event, and "B" shall consult with each other and cooperate with "A" as much as possible in connection with the progress of the event.

Article 7 (Prohibition of Substitute Payment) The term "A" shall receive and keep on behalf of the person who receives and keeps the amount generated from beauty and dice lending, and shall pay it in cash on the same day according to the amount claimed by "B".

* Where the special clause “B” attracts not more than 350 cases annually, damages of 12,00,000 won shall be paid and the term “A” attracts not less than 400 cases annually, 400,000 won per case.

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