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(영문) 의정부지방법원 고양지원 2018.06.15 2017가합74934
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation that conducts educational broadcasts through television, radio, satellite, etc., and the Plaintiff, a corporation that runs the printing business, produces and supplies teaching materials for broadcasting to the Defendant through bidding since 2004.

Article 1 (Purpose) The purpose of this Agreement is to fully recognize the importance and purpose of the business of issuing and distributing teaching materials directly operated by the Defendant and the Plaintiff, and to provide for the contractual terms to cooperate and faithfully implement them in order to ensure the successful implementation thereof.

Article 2 (Term of Contract) The term of contract shall be from the date of conclusion to January 31, 2018.

Article 3 (Scope of Business Affairs) The Plaintiff shall perform the overall duties concerning the completion of films, production of teaching materials (prints and copies, etc.), packaging, and delivery with the Defendant’s editing event for the production of teaching materials (common) as specified in the teaching materials (common) published directly by EBS 2017.

Article 5 (Deposit for Contract) (1) When entering into a contract, the Plaintiff shall pay to the Defendant a contract deposit of KRW 360,368,000 (hereinafter “instant penalty”).

(Judgment omitted) (3) When the defendant terminates or cancels the contract in violation of the provisions of the contract, the contract bond shall be forfeited to the defendant, regardless of the remaining period of the contract, and the defendant may claim damages against the plaintiff.

hereinafter referred to as "the forfeiture clause of penalty of this case"

Article 9 (Order Method, etc.) (1) An order for printed materials is given to each Plaintiff based on the Defendant’s order form. (2) The Defendant’s order timing and number of copies by teaching materials are determined in consideration of the sales trends by teaching materials. The basis of the number of copies per teaching material is at least 5,00 copies for leap printing and less than 10,000 copies for leap printing, and less than 10,000 copies for leap printing. (4) The Plaintiff did not start production (printing) within 2 days after the Plaintiff acquired the film of the first teaching material from the Defendant, or the Plaintiff’s own (internal production quantity).

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