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(영문) 서울중앙지방법원 2018.06.26 2017가합586692
위약금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff for KRW 36,00,000 and the Defendant (Counterclaim Plaintiff) as from November 18, 2017 to June 26, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties is that the Plaintiff is operating the Madwon Special Hospital (hereinafter “Plaintiff hospital”) with the trade name “D Council members”. The Defendants, as married couple, have been engaged in nadition marketing, which is manufactured and widely spread marketing techniques so that NAPs can voluntarily publicize certain companies or companies’ products through e-mail or other radio-wave media, and such names were posted on the ground that NAF marketing techniques are spreading as computer viruses.

a person who jointly operates a business entity called “E”.

B. On February 3, 2015, the Plaintiff entered into a marketing contract between the Plaintiff and the Defendants: (a) from February 3, 2015 to February 2, 2016, the Plaintiff provided 12,460,000 won (including value-added tax) to the Plaintiff hospital; and (b) entered into a marketing contract (hereinafter “instant contract”); and (c) the contract period was automatically extended every month unless there are special reasons to the contrary; and (d) the Defendants entered into a contract with the same company during the contract period or when the contract is terminated due to reasons attributable to the Plaintiff, the Plaintiff and the Defendants agreed to pay an amount equivalent to 50% of the annual service cost of the Plaintiff to the other party.

C. After the performance of the Defendants’ contract and the conclusion of the instant contract, the Defendants provided 10,463,000 won to the Defendant for the service cost of February 11, 2015, including the payment of KRW 12,463,00 to the Defendants for the service cost of February 2015, and the payment of KRW 12,463,00 to the Defendant for the service cost of August 2015, the Defendants paid KRW 10,463,00 to the Defendant for the service cost of September 9, 2015, and only KRW 10,463,000 to the Defendant for the service cost of October 2015.

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