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(영문) 서울중앙지방법원 2016.10.14 2016가합502130

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from August 27, 2016 to October 14, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) is established for the purpose of domestic and foreign travel business, international conference and training agency business, etc., and operates “A” with the members of the domestic golf club, and operates a business of developing and selling overseas golf-related programs, overseas golf cell training-related travel products, etc., and the representative director is D.

The Defendant (hereinafter “Defendant B”) used the position of the president “F” in operating a golf-based business related to “F” located in Gangnam-gu Seoul, Seoul. The Defendant (hereinafter “Defendant B”) provided publicity and guidance on the golf-based program, field training, etc. conducted by Defendant B and F through the “G”, a golf-based TV channel operated by G Co., Ltd. (hereinafter the above companies and TV channels are not separately classified), and its Internet homepage (G) and the “Lson” column.

The Defendant (Counterclaim Plaintiff; hereinafter “Defendant Company”) established the head office in Gangnam-gu, Seoul with a view to running a golf club, golf business consulting, etc., and entered into an annual sales license agreement with G on the golf club of G under the condition that a certain ratio of the sales revenue of the Defendant Company would be paid. From December 29, 2014 to March 16, 2016, the representative director was H, and on the other hand, H served as the “F” team leader.

The Plaintiff and the Defendants, such as consultations related to each of the golf operations in this case between the Plaintiff and the Defendants, etc., shall conduct theoretical education, pendson, correction, etc. from the professional alley belonging to F including Defendant B in Thailand, Japan’s golf course, set-off, etc. under the name of “I” from August 2015, and conduct a shared trading with the program participants in Thailand, Japan’s golf course, set-off, etc., and further conduct local travel.