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(영문) 울산지방법원 2015.11.20 2015가단50711

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. While operating C with the event planning, etc. as the contents of the event planning, etc., the Plaintiff operated a prote company of “D” in Ulsan, and operated a prote company of “E” in the field of childcare.

The defendant operated the "G" in the name of "F and the sixth floor in Mapopo City," and the "G".

B. On April 30, 2014, the Plaintiff and the Defendant concluded an agreement with the following content (hereinafter “instant agreement”).

1) The joint business entities of the Plaintiff and the Defendant are assumed to be “D”. 2) The Plaintiff provides “D” with the name of G by changing the name of G, and support the alteration of G’s interior (a part of neglect, reservation room, wheeling room, hedge-cream room, stones, office, etc.), consulting staff in reservation room, online advertising and marketing personnel, and event planning team, and the Plaintiff will assign 10% of the sales of sales of sales of Hmerc business entities to D sales.

3) The Plaintiff has the right to operate D(O) business, and the Defendant has 30% of the monthly net profit of D(OO) other than the periodical linering sales, and the date of settlement shall be determined on the first day of each month. The period of contract shall be five years from the date of the contract, and the period of contract shall be automatically extended at the time of absence of objections between 30 days prior to the expiration of the contract, and the distribution of profits at the time of mutual consultation shall be possible.

C. After the agreement of this case, the Plaintiff changed the signboard of “G” to “D”, changed a part of the inner interior interior interior interior interior interior interior interior, and carried out online publicity through the NAV car page, etc.

The Defendant, after the instant agreement, expressed his intent to terminate the instant agreement to the Plaintiff on October 30, 2014, on the ground that there was no profit equivalent to KRW 4,200,000,00.

E. On November 27, 2014, the Plaintiff is obligated to settle the accounts under the instant agreement to the Defendant.