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(영문) 광주고등법원 2015.12.23 2015나839
위약금
Text

1. The Plaintiff’s appeal against the Defendants and the Defendants’ appeal against the Plaintiff are all dismissed.

2. The appeal costs.

Reasons

(b)the same shall apply;

1. Defendant B’s acquisition amount of KRW 100,00,000,000, which was paid to the Plaintiff to operate the completion branch (150,000,000,000,000,000,000,000, which was paid to the Plaintiff, shall be the balance of KRW 198,40,000,000,00,000,000, which was paid for the termination of the contract.

6. The plaintiff and the defendant B must faithfully observe the following:

① The Plaintiff and Defendant B shall not inform the Ministry of Foreign Affairs of business secrets, as well as those arising from the operation of the complete branch.

2. Defendant B shall not provide the Plaintiff (D) with any information, such as know-how and technology, to a third party.

3. Defendant B shall not start up a business in the same or similar type of business as the Plaintiff (D) or provide any other information for the next ten years.

7. The Plaintiff and Defendant B undertake to assume all civil and criminal responsibilities at the time they entered the above matters.

* When Defendant B entered the above paragraph 6 above, 150,000 won for penalty should be paid to the Plaintiff.

Unlike other parts of the agreement of this case, the agreement of this case is written differently.

E. At the time of the instant agreement, Defendant C, the husband of Defendant B, agreed to guarantee the obligation under the instant agreement between the Plaintiff and the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 6, 9, 10 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 9 and 10, and the purport of the whole pleadings

3. The parties' assertion

A. The Plaintiff’s assertion 1) At the time of the instant agreement, Defendant B did not reveal any work that occurred while operating the completion point (Article 6(1) of the instant agreement, and even if it violated it, Defendant B did not pay the Plaintiff KRW 150,000,00,000, the termination of the contract for the completion point was divulged to the other heads of the other branches of the department in the department in charge of the party’s administration, and this case’s branch establishment contract.

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