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(영문) 서울중앙지방법원 2018.07.12 2015가단110094
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a superior company that recruits its members and provides services for events, such as funeral wedding, by means of prepaid installment transactions, and supplies of goods incidental thereto.

Around April 2013, the Defendant becomes a superior assistant designer to the Plaintiff, and was in charge of the duties of managing and managing the superior members, and entered into an agreement with the Plaintiff on September 22, 2014 and worked as the head of the Plaintiff’s new branch office by May 29, 2015.

(b) The contents of the Agreement on the Business of the Branch Director relating to this case are as follows:

Article 5 (Cancellation, etc. of Contracts) (1) Where the head of a branch office intends to terminate a contract, he/she shall notify the company of his/her intention of termination in writing three

(3) Where a contract is terminated, the head of a branch office shall transfer all the affairs related to the delegation to a successor designated by the company in good faith.

Article 6 (Compensation for Damages) (1) The head of a branch office shall compensate for the damages suffered by the company in cases falling under Article 19 (Compensation for Damages) of the consignment contract for the duties of a superior specialized designer, and shall return all money and valuables, such as all allowances and prize expenses, etc. received from the company for one year prior to

(2) When the cancellation of a contract with the head of a branch office takes over and takes over the affairs of the successor, the transferee shall return all the money and valuables under paragraph (1) to the company, if he/she fails to perform such affairs in good faith, such as neglecting to take over and take over the affairs of delegation,

(3) Where the head of a branch office fails to faithfully implement the procedure for termination of a contract under Article 5 or violates the obligation under Article 2 (3) and (4), and where the implementation of the business plan is remarkably unfaithful, the head of the branch office shall return all expenses incurred in the opening and operation of the branch office and facilities borne by

C. On May 29, 2015, the Defendant retired and resigned from office as the head of the branch without giving prior written notice of termination to the Plaintiff.

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