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(영문) 서울남부지방법원 2019.10.15 2019가단202591
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,145,712 and the interest rate of KRW 12% per annum from July 16, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an incorporated association established with the aim of realizing the social and economic independence of the disabled, and the Defendant is a person entrusted with part of the Plaintiff’s profit-making business.

B. On February 27, 2013, the Plaintiff entered into an agreement on the printing business (hereinafter “instant agreement”) with the Defendant and disabled persons for the purpose of raising funds for the welfare of disabled persons through job creation and profit-making business (hereinafter “instant business”).

Section 2 (Execution of Project) The Project shall be conducted under the responsibility of the defendant with the printing ordered by the defendant appointed by the plaintiff from government agencies and local governments.

Article 3 (Business Funds) All funds required for the Project shall be borne by the defendant and real estate, facilities, and other assets formed by the defendant's investment shall be recognized as the property of the defendant.

Section 4 (Period of Agreement) This Agreement shall be effective for a period of five years from the date of conclusion of the Agreement, and shall be automatically extended every five years under the same conditions as this Agreement unless there is no separate declaration of intent by one month prior to the expiration of

Article 5 (Limitation of Liability) (1) The plaintiff shall only provide administrative support to the defendant in performing the business under Article 2.

② The Defendant is responsible for securing funds and raw materials necessary to perform the projects delegated by the Plaintiff to ensure that the operation of the project is not impeded. The Defendant shall bear all the taxes, public charges, and the necessary expenses and shall not be delinquent, and shall submit the details of the end of each quarter

Article 6 (Fees for Earnings) (1) In carrying out the projects under Article 2, the defendant shall pay 5% of the contract amount in the case of a contract under a negotiated contract from a government agency without relation to the profit and loss of the project, and 3% in the case of

(2) In performing the projects under Article 2, where a contract is entered into by a general competitive bidding contract from an institution receiving such contracts, the defendant shall use 2% of the contract amount as profit fees.

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