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(영문) 서울중앙지방법원 2014.09.12 2013가단310708
손해배상(기) 등
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 53,631,262 and KRW 53,58,976 among them, Defendant B from March 1, 2013 to October 14, 2013.

Reasons

1. Facts of recognition;

A. On January 1, 2012, the Plaintiff, a person running D and E, entered into an operating agreement with Defendant B on the Ayang Branch with the following content:

Article 4 (Payment of Price) (1) The defendant shall pay 3% of monthly sales to the plaintiff during the term of the contract as royalties.

(VAT separate). The Defendant shall report to the Plaintiff the materials on sales by no later than the fifth day of the following month, and deposit royalties into the bank account designated by the Plaintiff by no later than the tenth day.

(2) Where the payment of royalties under paragraph (1) (1) is delayed, the defendant shall pay the overdue interest of 1.5% per month in addition to the overdue interest rate.

Article 5 (Period of Contract, Renewal of Contract, etc.) (1) This contract shall become effective from the date on which the plaintiff and the defendant affix their signatures and seals to this contract, and its contract term shall be one year from January 1, 2012 to December 31, 2012, and shall be renewed every one year thereafter.

Provided, That this contract shall be automatically extended on an annual basis if the plaintiff did not notify the defendant of any change in the terms and conditions or notify the renewal thereof in writing within 180 to 90 days before the expiration of the contract term.

Provided, That this shall not apply where the defendant raises an objection during the same period or there are grounds, such as natural disasters, bankruptcy, composition, default, etc. to the plaintiff and the defendant.

Article 9 (Payment of Price) (1) In principle, the settlement of the defendant's teaching material price shall be made in advance (by the date on which the teaching material arrives to the defendant), but if the advance payment is not made, the payment shall be made in addition to the interest for arrears of 18% per annum from the date the above teaching material reaches the defendant to the date of full payment.

B. The above operational contract between the Plaintiff and the Defendant was renewed for one year after December 31, 2012 because both the Plaintiff and the Defendant did not notify the renewal of the contract separately.

C. Until February 2013, Defendant B did not pay the Plaintiff the total amount of KRW 53,558,976 of teaching materials and royalties under the above operating agreement.

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