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(영문) 광주지방법원장흥지원 2019.08.20 2018가합5353
손해배상(기)
Text

1. The Defendant’s KRW 75,133,33 of the Plaintiff and its related KRW 5% per annum from January 3, 2019 to August 20, 2019.

Reasons

1. Basic facts

A. C and the defendant enter into a partnership agreement 1) The defendant corporation D (hereinafter referred to as D)

As the representative director of D, D owns 100% of D’s shares (the location of D’s headquarters was Nam-si, Nam-si, but it was transferred to F around November 3, 2017.

(2) On April 2016, C and the Defendant were supplied with G, which is a d’s nutritional product for fish, etc., and established a company located in Jeonnam-gun for the purpose of sale, and C made an investment of KRW 200 million and the company to be established with the investment of KRW 200,000,000, purchased raw materials only D, and the Defendant entered into a partnership agreement with the company to which D delegate the right to use intellectual property rights owned by D against G and the content of issuing sales statements to the company to establish materials, products, machinery, etc. owned by D (hereinafter “instant partnership agreement”).

B. The Plaintiff’s establishment and operation 1) C and the Defendant: (a) on April 19, 2016, pursuant to the instant trade agreement, the Plaintiff Company A (hereinafter “Plaintiff”) established for the purpose of selling G with the F of Jeonnam-gun as its place of business and selling G at the place of business.

(2) On April 2016, the Defendant invested the instant movable property in kind in the Plaintiff’s place of business (hereinafter “Plaintiff’s warehouse”) by inserting G raw materials, finished products, machinery (hereinafter “raw materials, finished products, machinery, etc.”) which were kept in the warehouse located in the Namnam-gun, Namnam-gun, in order to perform the obligations stipulated in the instant agreement.

3) Since May 2016, C operated the Plaintiff by selling G finished products. However, in relation to collecting capital of KRW 200 million invested by C at the time of the Plaintiff’s establishment, C notified C of the termination of the instant agreement with the Defendant commencing around June 15, 2016 (the Defendant, around July 15, 2016, notified C of the termination of the instant agreement.

(4) On December 2016, while the Plaintiff was unable to operate the Plaintiff normally, the Plaintiff reported the suspension of business to the competent authority. (4) The Plaintiff was in December 2016.

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