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(영문) 서울중앙지방법원 2017.12.13 2017나1294
약정금 등
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

. 7. Whether the defendant and the plaintiff's travel business are operated for six months after the opening of the website and decide upon mutual agreement.

Article 5 (Term of Validity) The term of validity of this Agreement shall be six months from the date on which the parties concerned sign and seal, including the period of development of the website.

Article 8 (Amendment of Written Agreement on Duties) The two companies may amend the terms and conditions of this Convention, subject to mutual agreement, if necessary to facilitate mutual business cooperation.

Section 1 (Effective Date) of Annex I of the Regulations shall become effective on the date on which the two copies shall sign and seal.

Article 4 (Termination) When a serious problem is found in the course of the work between the defendant and the plaintiff, the contract shall be terminated if the consultation point is found and the consultation point is not found.

Article 5 (Effective Period) The effective period of Annex 1 shall be from August 1, 2013 to six months.

Attachment - Operational Expenses and Scope of Earnings

2. All proceeds relating to the Defendant’s travel business * Local options settlement

B. The Plaintiff produced the Defendant’s website (hereinafter “instant website”) in accordance with the instant Work Agreement, and the Defendant, regardless of the date of the travel by the travelr, concluded and paid monthly profits accrued from August 1, 2013 to October 31, 2015, to the Plaintiff regarding the travelr who left the website through the Defendant.

C. The Plaintiff and the Defendant did not conclude a separate and explicit agreement after concluding the instant business agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 5 (including various numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (i) After the conclusion of the instant business agreement, the Plaintiff’s business relationship was terminated while operating the Defendant’s travel business with the Defendant as a partner, and the Defendant actually uses the instant website after the completion of the said business relationship.

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