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Reasons
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(영문) 광주지방법원 2016.11.25 2016가단511 (1)
약정금
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1. Defendant C’s KRW 1,178,080 as well as 5% per annum from August 12, 2016 to November 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On February 2015, the Plaintiff prepared a mobile phone sales store (hereinafter referred to as “G sales store”) in Gwangju Mine-gu, and prepared a consignment contract (Evidence A2) with the Defendants, who were employees of H at the time of March 6, 2015, as well as the Defendants, who were employees of “I” within H, as follows:

(hereinafter referred to as the “instant consignment contract”). A (representative Plaintiff; hereinafter referred to as the “Defendant C”) and the consignment employee “Defendant C” (hereinafter referred to as the “Defendant D”) and I points “Defendant D, E, and B” (hereinafter referred to as the “A”) enter into a consignment service contract with each other as follows:

Article 1 (Purpose) The purpose of this Agreement is to carry out the sales of mobile phones from G operated by “A” to “B”, and to provide for all matters related to “A” and “B” with custody fees and incentives for sales performance.

Article 4 (Confirmation of Operational Right)

1. “A” has entrusted the G operation right to “B” and “B”, and “B” and “B” in cooperation with “A” and shall be operated in good faith.

2. “B” and “A” are responsible for the payment of G rents and all incidental expenses with the proceeds from the operation of G.

3. The “B” and “B” are prohibited from exercising property rights for profits other than rents and incidental expenses among the total profits of G, and from transferring to a third party or exercising property rights for the goods within G (such as heavyphones, liquid books, fixtures, etc.) without the approval of “A”.

Article 7 (Contract and Period of Transactions)

1. The contract and term of validity of “A” and “B” are from March 20, 2015 to March 19, 2017.

2. Omission;

3. The contract term of “A” and “B” and the contract term of “A” and “B” can be adjusted by mutual agreement, and due to circumstances, the contract term between “A” and “B” and “A” and “B” are terminated or entered into between “A” and “B.”

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