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(영문) 대구지방법원서부지원 2014.07.25 2013가합2048
손해배상(기)
Text

1. The Defendant’s KRW 60,000,000 as well as the annual rate of KRW 5% from June 6, 2013 to July 25, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. (1) On May 7, 2012, the Plaintiff entered into a contract to implement a business start-up entrusted by the Plaintiff (hereinafter “Nonindicted Company”) with C (hereinafter “Nonindicted Company”).

C) A corporation had the authority to sell the “F” stores within the nationwide Home Puler Store. A corporation had the authority to sell the “F” stores within the Daejeon Puler E store located in the Daejeon Puler E store (hereinafter “instant store”).

(C) the sum of the acquisition price (hereinafter referred to as “sale price”)

) A contract for the performance of a consignment start-up business with a contract amounting to 60,000,000 won was entered into, and the contract (Evidence 2 of A) provides that “if a company other than a lawsuit violates the contract, the company shall pay to the Plaintiff an amount equal to the down payment, and if the Plaintiff violates the contract, the down payment shall be reverted to the non-party company” (On the other hand, the down payment shall be reverted to the non-party company, and the balance shall be KRW 30,00,000.

(2) On the same day, the Plaintiff entered into a fixed contract for the performance of the entrusted start-up business (hereinafter “instant contract”) with the Nonparty Company, which includes the following: (a) the Home Plus “F” contract; and (b) the Home Plus contract for the operation of the store (entrusted production and sale) (hereinafter “instant contract”).

① In the indication of store: Burial name - The Homepller’s “F”/location - Homepller’s E store (Article 6) ② The instant contract is operated by the Plaintiff for stores designated by the Homepller to the non-party company.

(3) Initial contract period: From May 7, 2012 to May 7, 2015 (Article 9(2))

(5) The plaintiff or the non-party company may terminate the contract of this case on the basis of the principle of good faith if each other fails to perform the duty of the contract of this case. In order to terminate the contract, the contract of this case shall be canceled with a grace period of not less than one month.

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