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서울중앙지방법원 2019.11.22 2018가단5161142

손해배상(기)

Text

1. Each of the plaintiff's claims is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the founder or representative director of D (trade name before the change: E, hereinafter “D”) and has been operating the said company.

F was employed as D’s director from September 13, 2005, and was employed as the inside director from March 31, 2010, and operated D until March 31, 2012.

D The Home shopping channel where the trademark is attached using the plaintiff's name was operated in a way that the plaintiff, a famous model, contributed to a show and sells it directly.

B. The Defendant Company B (hereinafter “Defendant Company”) with the authority of representation in Defendant C had been supplied with clothing produced by other clothing business operators since around 2009, and supplied them to D.

C. However, the Defendant Company agreed on April 7, 2012 with D and F that it redeems its obligations by transferring assets, such as D, to the Defendant Company, among the fact that the amount of clothes was not received from D as time, and the unpaid goods payment claim is growing.

The main contents of D and F are ① A and F are the Defendant Company’s obligations of KRW 2,105,00,000,000, and D and F are the real property, movable property, trademark, other assets, etc. owned by D and F are faithfully performed to the Defendant Company, and the Defendant Company shall deduct the remaining claims from D and F.

(2) Before the preparation of a written agreement, real estate, movable property, other assets, etc. held D and F shall be repaid to the defendant company with profits and earnings accrued from provisional registration, transfer and acquisition, power of attorney, notification of transfer, etc., and if the amount does not reach the repayment of the amount of debt, it shall be offset by the whole amount.

On April 7, 2012, the Defendant Company agreed with the Plaintiff on April 7, 2012 in order to sell home shopping channels to which the Plaintiff contributes inventory received from D as above.

(c).