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(영문) 서울고등법원 2017.06.22 2016나2089166

손해배상(기)

Text

1. The appeal against the plaintiff (Counterclaim defendant)'s principal lawsuit and the plaintiff (Counterclaim defendant)'s principal lawsuit expanded by this court, and the plaintiff (Counterclaim defendant)'s principal lawsuit.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The reasoning for this part of the underlying facts is as follows, except for the deletion or replacement as follows, and thus, it is identical to the corresponding part of the reasoning of the judgment of the first instance. As such, this part of the underlying facts is cited by including the abbreviation in accordance with the main sentence of Article 420

Part 4 (Exclusion from Table) “stock company” shall be deleted.

The last page "sales amount" shall be added to "sales amount". The last page "sales amount" shall be added to "sales amount."

The 6th parallels 1 and 2 shall be cut as follows:

On January 1, 2012, the Plaintiff and the instant joint venture company entered into a management consignment agreement with the Plaintiff, which stipulates that the contract term shall be from January 1, 2012 to December 31, 2012, and shall be automatically extended once a year under the same conditions, unless there is any separate agreement prior to the termination of the contract one month. The Plaintiff would operate the instant store in the name of the instant joint venture company. From January 1, 2012 to December 31, 2012, the instant joint venture company shall pay to the Plaintiff a management consignment agreement with the amount of KRW 115,760,000 (excluding value-added tax) monthly (excluding value-added tax).

The Plaintiff and the instant Joint Venture Company changed the management consignment fee from January 1, 2012 to June 30, 2012, to pay the same amount as the previous one, on condition that from July 1, 2012 to December 31, 2012, the Plaintiff and the instant Joint Venture Company paid 65,000,000 won and 3% of the net sales (excluding value-added tax) by December 31, 2012.

In addition, on May 24, 2013, the Plaintiff and the instant joint venture company concluded a management consignment agreement again by setting the contract period from May 1, 2013 to April 30, 2014, and set the consignment fee as 58,000,000 won to April 30, 2014, and 3/10 of the net sales (excluding value-added tax).

(hereinafter referred to as “instant management consignment agreement”). From 6th page 12 to 17th page 6, the following shall apply:

After entering into the instant basic contract and joint venture agreement, the Defendant and the Plaintiff have newly incorporated the instant joint venture company and carried out the instant project. However, the Defendant on May 14, 2015.