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(영문) 서울중앙지방법원 2015.09.15 2014가합555949

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) is a limited liability company B of the Defendant (Counterclaim Plaintiff) and its amounting to KRW 80,000,000 from April 25, 2014 to September 25, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a business entity engaging mainly in the activities such as marketing, consulting, fashion events, broadcast and visual production, and the development of Lestop’s new brand from December 12, 2002, including E’s branding from around December 12, 2002.

(2) On December 2, 2014, B Co., Ltd. (hereinafter “Defendant Co., Ltd”) was dissolved after the organizational change to B on December 2, 2014, and a limited company B took over the lawsuit of B Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation that is separated from F Group on July 2, 2013 and mainly engages in mooring, processed meat products wholesale and retail business, product chain business, etc., and Defendant C is the representative director of the Defendant Co., Ltd., and Defendant D is dismissed after serving as the head of marketing division of the Defendant Co., Ltd.

B. (1) On April 18, 2014, the Plaintiff and the Defendant Company concluded a contract for the business of developing stores directly operated at B’s headquarters (hereinafter “instant service contract”) and the key contents thereof are as follows.

Section 1 (Purpose) The purpose of this Agreement is to establish an organic business cooperation system and to facilitate the implementation of work in relation to the open of the headquarters of Korea, the United States, and China under the direct management of the headquarters of Korea, the United States, and China.

Article 2 (Effective Period) The effective period of this Agreement shall apply for one year from the date on which both parties have signed the contract by mutual consent.

Article 3 (Scope of Cooperation between Parties)

1.E shall cooperate with the Defendant Company with:

(1) Analysis of feasibility of the store business directly operated by the domestic and foreign head office and the open process DNA 2 times. (2) Once the defendant company acquired the external brand-type new and flusium glusium work taken over by the defendant company once. (3) The inflow of customers and marketing part of the store directly operated by the head office.

2. The defendant company shall cooperate with the following:

(1) Support for the overall operation and management of the headquarters directly operated.