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(영문) 서울중앙지방법원 2018.12.19 2015가단117668
위약금
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 Plaintiff is a superior company that provides services for the event of funeral wedding by means of prepaid installment transactions with the invitation of its members and supplies incidental goods.

B. The Defendant, as a designer recruiting the Plaintiff’s superior members, was in charge of the recruitment and maintenance of the superior members, and was on May 2015 when working as the Plaintiff’s branch office.

2. The Plaintiff: (a) concluded a branch office business agreement with the Plaintiff and operated B branch offices; (b) Articles 5(3) and 6(1) and (2) of the Arrangement provide that “if the contract is terminated, the head of the branch office shall hand over all the affairs pertaining to the delegated affairs to the successor designated by the company in good faith; and (c) if the company fails to perform them in good faith, it shall return all the money and valuables, such as all allowances and prizes received from the company during the contract period for one year prior to the occurrence of the cause thereof, during the contract period, if the company fails to perform them in good faith; and (d) on May 29, 2015, the Defendant unilaterally withdrawn from the company without any notification to the Plaintiff, and breached the duty of good faith acceptance of the delegated affairs to the successor; and therefore, the Defendant asserts that the Plaintiff is liable to pay the Plaintiff the total sum of money and valuables received for the last one year,

However, it is difficult to find that the Defendant entered into a branch office operation agreement with the Plaintiff on the sole basis of the evidence Nos. 1 and 2 as alleged above, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's above assertion is without merit without further review.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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