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(영문) 수원지방법원성남지원 2016.08.12 2015가단227078
보증금반환 등
Text

1. The Defendant’s KRW 24,977,850 for the Plaintiff and KRW 6% per annum from January 6, 2016 to August 12, 2016.

Reasons

1. Facts of recognition;

A. The Defendant is a company that manufactures and supplies goods to an agency under the trade name of “B”.

On February 4, 2015, the Plaintiff entered into an agency contract (hereinafter “instant contract”) with the Defendant and Songpa-gu Seoul Metropolitan Government “D” (hereinafter “instant agency”), and paid KRW 25,000,000 on the same day to the Defendant.

Article 4 (Term of Contract) (1) The term of validity shall be one year from the date of conclusion of the contract.

(2) When requesting termination of a contract, it shall be deemed that the contract has been renewed for one year under the same conditions unless the plaintiff and the defendant notify in writing the intent to terminate the contract not later than three months prior to the expiration date.

(3) Where a unilateral termination of a contract is requested due to the plaintiff's personal reasons and simple changes during the contract period, 30% of the deposit money shall be compensated for as penalty.

Article 5 (Deposit) (1) Upon entering into the instant contract with the Defendant, the Plaintiff shall deposit KRW 25,000,000 with the Defendant as a deposit in cash.

(2) The transaction deposit shall be free of interest during the deposit period, and after the termination of the contract, the defendant shall preferentially offset and dispose of the losses and the claims incurred from the contract and the transaction in this case, and shall refund the balance to the plaintiff after settlement.

(3) The contract shall be terminated after the removal of copyright of the trade name and trademark "B" and the written consent of the agency within three days from the end of the contract, along with the time when the inventory return and returned goods have been completed to settle the loss of the inventory after determining the total quantity of the headquarters, and the contract shall be refunded accordingly.

(4) Where the seal of a written consent for inventory excess or adjustment and agency adjustment is completed before the contract ends, the defendant shall designate the time for returning the deposit as the end of the contract, and the plaintiff shall extend the time for failing to comply with the above two paragraphs.

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