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(영문) 서울고등법원 2020.07.16 2020나2001439

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The defendant is a non-profit corporation whose purpose is to investigate and research domestic and foreign economic, business management and technology issues, and education and training of business managers.

The plaintiff, in cooperation with organizations, etc. that conduct educational consulting business such as the defendant, has conducted corporate education and consulting for executive officers, managers, etc. of enterprises.

B. From January 2015, the Plaintiff collaborationed with the Defendant on the soft Program under the name of “C” with the Defendant.

On May 21, 2016, the Plaintiff entered into an agreement with the Defendant on the development and continuous maintenance of contents, complementary activities, and customer care and satisfaction improvement-related activities, and the Defendant’s activities to develop and secure and maintain customer care, and actively cooperate with the Plaintiff and the Defendant on the overall matters of the project for the development and development of the solution project and on any other matters deemed necessary in relation to the solution project, with respect to the project performed by the Plaintiff, that the Plaintiff would normally provide 60% remuneration for the project performed by the Plaintiff.

(hereinafter referred to as the “instant agreement”). [Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff asserts that he/she is liable to compensate for damages sustained by the plaintiff due to the non-performance of obligation or tort as follows.

1 The Plaintiff, from January 2015 to February 2, 2015, distributed e-mail once again from February 2015 to March 3, 2015 due to delay in the production of Defendant’s joint business hub and customer company explanation meetings.

Although the plaintiff's marketing activities led to considerable progress in the defendant's business activities, the plaintiff did not provide information on the business performance or allocation of orders. This act was an act of concealing the defendant's marketing and business receiving information.