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(영문) 수원지방법원 2015.11.17 2014가단538310
손해배상(기)
Text

1. Defendant A’s KRW 52,974,880 as well as 5% per annum from January 1, 2015 to November 17, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2013, the Plaintiff entered into a sales delegation agreement with Defendant A (the Director of the Business Bureau) (hereinafter “instant sales delegation agreement”) with Defendant A, and the said sales delegation agreement accompanied the financial guarantee certificate and a certificate of personal seal impression in the name of Defendant B, the husband of Defendant A, with the effect that Defendant A is jointly and severally liable to the Plaintiff according to the instant sales delegation agreement.

Of the instant sales delegation contracts, the contents relating to the instant case are as follows.

II.(Status and Acknowledgement of Rights)

2.To authorize a salesperson registered in a business state as a free vocational income earner to enter into a sales contract with the buyer on behalf of the company and to pay the fees determined by the company accordingly, and all the expenses incurred for the implementation of this contract shall be borne by the Manager;

Article 9 (Claims for Project Expenses and Bearing Costs)

4. If it is deemed necessary for the performance of this Agreement with the Company, the Company may provide the necessary office, office, fixtures, sales equipment and other expendable items at its own expense.

Article 10 (Termination of Contracts)

1. The Company may terminate this contract on the ground that the Manager has any of the following reasons:

3. Where it has been confirmed that he/she neglected to perform his/her duties, such as neglecting activities for at least one month without justifiable grounds, failing to attend an educational meeting without justifiable grounds, etc.

B. On April 1, 2013, the Plaintiff drafted a performance agreement (hereinafter “instant performance agreement”) with Defendant A as follows, and the said performance agreement was written as a joint and several surety by Defendant B and C to jointly and severally guarantee the obligation to be borne by the Plaintiff pursuant to the instant performance agreement.

Article 2 (Indication of Real Estate and Details of Lease): 801, 801, 801, 8.

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