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(영문) 서울중앙지방법원 2016.06.16 2015가단5394330
손해배상(기)
Text

1. The Defendants each of the Plaintiff KRW 115,813,163 and each of them, Defendant A Co., Ltd., from January 14, 2016.

Reasons

1. The facts below the facts of recognition may be found either in dispute between the parties or in each entry of Gap evidence of heading A1 to 14 (including branch numbers; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

The plaintiff is a company that sells clothes and miscellaneouss using overseas home shopping such as Thailand, and the defendant A (hereinafter the defendant company) is a company that claims that the defendant corporation holds the right of sales of the Atata company specialized in the fashion of France, and the defendant B is a director of the A company.

B. On May 11, 2015, the Plaintiff negotiated the overseas sales authority of Defendant B and Ayta brand, and agreed with the Defendants to share the right to overseas sales of Ayta brand products with the Defendants.

(hereinafter referred to as the “instant contract”). Development of the store of Atap (including department stores) and overseas sales: Handbagra online/iofagra, home shopping, and overseas sales: The travel district.

C. According to the instant contract, the Plaintiff should lease the Gangnam-gu Seoul Metropolitan Government 1st floor in the Plaintiff’s name. However, the Defendants recommended the Plaintiff to lease the 101 unit of the Gangnam-gu Seoul Metropolitan Government D Building 101 (hereinafter “instant building”). The Plaintiff leased the instant building in the Plaintiff’s name.

On May 12, 2015, the Plaintiff paid KRW 100,000,000 to Defendant B’s account by means of remitting KRW 60,000 to Defendant B’s account and remitting KRW 40,000 to the E company’s account designated by Defendant B on May 20, 2015.

In addition, the Plaintiff paid KRW 15,400,000 for rent between two months for the instant building, and KRW 413,163 for one month for management expenses.

E. The Plaintiff sub-leaseed the instant building to the Defendant Company, and the Defendant Company sold its products to the instant building.

F. However, in fact, the Defendant Company is part of its domestic sales right of the Aya brand products from Lone Star Co., Ltd., the domestic total sales right of Ayata.

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