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(영문) 서울중앙지방법원 2013.11.06 2012가단345318
손해배상
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 person running the beauty art room with the trade name “D (E)” on the second floor of the building of Overcheon-si, A, and the Defendant is a person who had worked as a beauty artist at the beauty art room of this case from around December 8, 2009.

B. The Plaintiff and the Defendant drafted on December 8, 2009 “The Hague Employment Income Contract”, and the said contract contains the following contents:

(hereinafter referred to as “instant contract”. The following is the purpose of this Agreement: (a) Article 1 (Purpose of the Contract) of the Plaintiff and the Defendant; (b) Article 1 (Purpose of the Contract) of the Agreement is to determine the income generated from the beauty service provided to “A” through an agreement between “A” and “B” in relation to the distribution of income generated from the beauty service provided to “A.”

Article 2 (Status and Roles of Contracting Parties) “A” and “B” respectively are independent and equal business entities, and “B” provide beauty service to “A”, and “A” shall provide brands, places, and ancillary facilities necessary for providing beauty service to “B”.

Article 3(Contract Term and Recontract)(1): The duration of this Agreement shall be determined by the agreement between A and B as follows:

From December 8, 2009 to December 7, 2011, Paragraph 2: If either of the parties fails to make a written declaration of intent to terminate the contract one month prior to the termination of the contract, this contract shall be extended again for a period of six months or less.

Even thereafter, if either party to the contract does not notify the other party in writing of its intention to terminate the contract, this contract shall continue to be extended on a six-month basis.

However, in the event that such a contract is extended, if it is necessary to change the specific contents of the contract, including the income distribution rate under Article 4 of this Agreement, “A” may require “B” to conclude a new contract, and in such case, “B” shall be without reasonable grounds.

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