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(영문) 서울중앙지방법원 2014.12.30 2014나22467
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On October 19, 2011, the Plaintiff entered into a contract and an agreement on vicarious execution of business related to the lease and approval of credit card table services with Defendant A, who runs a communications device, electronic device spOS system business, and the mandatory use period of which is 18 months (from November 1, 2011 to June 30, 201) with Defendant A, and agreed as follows:

(hereinafter “instant contract”). Defendant A shall vicariously perform all affairs related to the approval for the installation of credit cards without compensation for the Plaintiff, dispatch maintenance and repair workers to follow-up management, and pay the settlement subsidy calculated as KRW 75 per case by settling the number of monthly approvals to the Plaintiff by the end of the following month.

Defendant A shall pay KRW 7,016,200 to the Plaintiff in installments for three months from January 201 to September 2011.

Where the plaintiff concludes an agency contract with another business operator prior to the expiration of the contract term, the plaintiff shall compensate the defendant A for free-of-charged products and subsidies (150 won per 200% per case).

The plaintiff should attain 270,00 accumulated numbers for 18 months on the basis of 15,000 items per month, and the contract period is automatically extended until the target fulfillment period.

Special agreement: Recontract when the number of cases is completed within the period;

(Extension after Agreement). (b)

From November 1, 201 to April 30, 2013, the Plaintiff achieved 323,901 credit card approval accumulated number. Defendant A paid KRW 5,950,299 out of the unpaid amount of the previous company’s settlement to the Plaintiff, and Defendant A did not pay the Plaintiff KRW 24,292,575 (= KRW 323,901x 75) of the approved number of cases arising during the contract period.

C. On the other hand, on June 1, 2012, Defendant A concluded a contract between Defendant B and Defendant B for the use of the above trade name while closing down the business that Defendant A operated as an individual entrepreneur.

The defendant's workplace human resources and office deposits, etc.

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