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(영문) 부산지방법원 2016.06.22 2015가합44598
손해배상(기)
Text

1. Defendant B pays KRW 116,788,852 to the Plaintiff.

2. The plaintiff's remaining claims against the defendant B and the defendant C.

Reasons

1. Facts of recognition;

A. From around 2002, Defendant B served in the Plaintiff’s golf practice range in Ulsan-gun D (hereinafter “instant golf practice range”), and was appointed as the Plaintiff’s intra-company director on July 23, 2007, and operated the instant golf practice range comprehensively.

B. Defendant B was dismissed from the Plaintiff’s intra-company director on December 26, 2014, but thereafter, the instant golf practice range was operated in general, and the sales of credit cards was deposited into the Plaintiff’s corporate account as in the previous case.

C. On April 2015, Defendant B registered the name “E” with the location of 10 square meters inside the club of the instant golf driving range in the name of Defendant C, a police officer, and began to receive the credit card sales generated in the instant golf driving range in the name of “E” in the name of Defendant C, which was the Defendant C, and then deposited the credit card sales generated in the instant golf driving range in the name of “E.”

On April 14, 2015, the Plaintiff filed a claim against Defendant B for a provisional injunction against interference with the instant golf practice range business with the Ulsan District Court Decision 2015Kahap1055 on May 14, 2015. However, Defendant B continued to operate the instant golf practice range.

E. On June 12, 2015, the Plaintiff filed a claim against the Defendants for a provisional disposition on the instant golf practice range with the Ulsan District Court 2015Kahap1090 on July 2, 2015, and the said application was accepted on July 2, 2015, and the Defendant B eventually suspended the operation of the instant golf practice range on July 12, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 6 through 8, 10, 14 (including each number; hereinafter the same shall apply), Eul's entries and the purport of whole pleadings

2. The parties' assertion

A. On December 26, 2014, Plaintiff B operated the instant golf driving range even after being dismissed from the Plaintiff’s intra-company director, in collusion with Defendant C, the sales of credit cards generated in the instant golf driving range from April 22, 2015 to July 12, 2015.

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