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(영문) 서울남부지방법원 2016.04.05 2015가단49907

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. C Co., Ltd. (hereinafter “C”) is a company established for the purpose of the production, etc. of children’s stowings, and D, the representative director of C, was established on May 9, 2012, with the same Defendant as C, and promoted C’s trade name to the effect that it is the same company.

Therefore, the defendant is the same company as C in fact.

B. Around August 201, 201, E, holding the right of Gwangju branch, sought D’s consent by stating that “E is unable to continue the Gwangju branch due to various conditions, etc., so that he/she would not want to transfer the Gwangju branch to a young and sincere Plaintiff.” At that time, D consented, the Plaintiff acquired the right of Gwangju branch from E.

C. However, as the defendant's representative director, D infringed the plaintiff's exclusive business right by making a double contract with the plaintiff's second branch office, and the corporation is liable to compensate for damages incurred by the representative to another person in connection with his/her duties, the defendant is liable to pay the plaintiff a total of 24,563,280 won and damages for delay.

2. We examine the judgment. Each entry in the evidence Nos. 2 and 3, which the Plaintiff seems to correspond to the fact that the Plaintiff acquired the right of Gwangju branch from D with the consent of D around August 201, 201, is difficult to believe in light of the respective entries in the evidence Nos. 6 and 7, and there is not sufficient evidence to acknowledge it with only the entries in the evidence Nos. 1, 4, 5, 8, and 9, and there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.