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(영문) 서울중앙지방법원 2015.04.21 2014가합33661

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff was established for the purpose of importing and selling cosmetics and beauty art appliances on July 21, 2008, and the main business of the Plaintiff Company was importing and selling functional cosmetics, medical practice products, medical appliances, etc. from Germany C (hereinafter “C”) (hereinafter “C company”).

(2) Nonparty D is the representative director of the Plaintiff, and the Defendant was an employee of the Plaintiff from November 2009 to August 2010 (registered as an auditor on the register). The Defendant is a student studying in Germany in Germany to seek German language, and the Defendant was acting on behalf of the Plaintiff in relation to the company company.

(3) At the time of the Plaintiff’s establishment, D fully contributed to KRW 50,00,00 (10,000 per share x 5,000 shares issued). At the time of the Defendant’s retirement, D 2,50 shares issued by the Plaintiff (5,00 shares issued by the Plaintiff) and Nonparty E, a partner of D, owns KRW 450 (9%) prior to the Defendant’s retirement.

B. The Plaintiff entered into a DNA beauty agreement between the Plaintiff and C company on January 27, 2009, and the Plaintiff’s business activities (1) concluded a DNA beauty agreement with C company on January 27, 2009, and with C company on the content that the Plaintiff imported and sells functional cosmetics, medical treatment products, and medical devices (hereinafter “the instant DNA beauty agreement”). The main content of the instant agreement was that C company engaged in the Plaintiff’s exclusive right to supply the Plaintiff’s products in Korea.

(2) Since then, the Plaintiff imported the C’s product and sold it to a hospital, etc. in Korea under the instant contract, and the Plaintiff’s sales amounted to KRW 67,233,729 at 37 sales offices in the quarter of 2009, but thereafter, in the quarter of 2010, 94 sales offices increased to KRW 182,250,601 at 182,250,601 in the quarter of 201.

C. Of the Defendant’s withdrawal, the conflict with D is created, and around August 9, 2010.