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(영문) 서울중앙지방법원 2019.06.14 2018가합553279
위약벌 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from May 17, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that constructs and operates a domestic complex film hall, distributes domestic and foreign movies and videos, and engages in other profit-making business, and the Defendant is a company that mainly engages in the operation of film centers and cultural and art-related facilities.

B. On April 14, 2015, the Plaintiff entered into a business partnership agreement (hereinafter “instant contract”) under which the Defendant provided services necessary to operate D’s “D” (hereinafter “instant film center”) as a film theater using “D” brand from the second or sixth floor of the ground-based building B and Boan-si (hereinafter “D”). The main contents of the agreement are as follows.

Article 3 [Commencement of Business and Period of Business Alliance] (1) The period of business partnership (the period of contract) shall be calculated from the date of the conclusion of this contract, and the period of five years after the date of commencement of the film museum business (the scheduled date of May 2015) shall terminate.

Article 5 [Business Partnership Fees, etc.] (1) The plaintiff shall pay to the defendant 2% of the net sales of the admission fee at the cost of business partnership fees.

However, notwithstanding the above, the plaintiff shall pay the defendant the amount of gold million won (e.g., g. 3,000,000, and additional tax) monthly minimum amount, and if the total amount of the monthly business partnership fees falls short of the minimum amount of the monthly guarantee, the plaintiff shall settle and pay the difference to the defendant at the time of paying the business partnership fees.

Article 17 [Cancellation and Termination of Contract] (1) In the event that a party falls under any of the following subparagraphs, the other party may cancel or terminate this contract by written notice without any separate peremptory procedure:

2. (A) In the event that it is reasonably difficult for the other party to maintain this contract because of the aggravation of financial condition due to (a) attachment, provisional disposition, compulsory execution or other similar disposition against one party, or it is determined that the maintenance of any longer contractual relationship would impair external credibility. (3) The Plaintiff:

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