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(영문) 대구지방법원상주지원 2019.09.18 2019가단5573
손해배상(기)
Text

1. The Defendant’s KRW 15,946,768 for the Plaintiff and 6% per annum from February 27, 2019 to September 18, 2019.

Reasons

1. Facts of recognition;

A. On June 15, 2015, the Defendant entered into a sales contract on the three-dimensional branch and the two-dimensional branch and the two-dimensional branch.

The contents related to the instant case among them are as follows:

Article 8 (Charges for Transport) (1) The term "transport and sale" means the whole amount of freight accruing from the transport of cargo (payment in advance, payment in arrival, and credit).

(3) Eul shall deposit the total amount of the transport sales traded or operated at the place of business in the name of Gap.

(4) In any of the following cases, A may take measures, such as restrictions on use of a computer system, recovery of trademark rights, termination of a place of business, and claim for civil damages against B:

2. Where an unclaimed act under paragraph (3) occurs at least three times a month, or two months or more, or at least three consecutive times a month, Article 18 (Guarantee of Performance of Contracts) (3) A shall deposit two million won as security deposit for the performance of a contract and the security of claims from B with interest free of charge, and such deposit shall be paid to any one party as a penalty upon completion of a contract collection or termination of a contract;

Article 19 (Termination of Contract) (1) A may terminate this contract by giving written notice to B in any of the following cases:

1. Where he/she fails to comply with a demand notice given to him/her for the performance or correction of his/her obligations under this contract, even though he/she has violated such obligations;

2. If Party A refuses or neglects the transport instruction of Party A without any justifiable reason and continues to refuse or neglects the transport instruction of Party A even after Party A’s warnings are given. (2) In order to terminate this agreement even with Party B’s personal circumstances, Party A shall be notified in writing not later than three months prior to the termination.

Article 19-1 (Duty of Penalty and Duty to Prohibit Competitive Business) (1) Where the contract is terminated on the grounds of Article 19(1) and (2), B shall pay A a sum of million won (10,000,000 won) as penalty for breach of contract with respect to the breach of contract period.

(2)

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