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(영문) 서울중앙지방법원 2014.10.30 2013가합536842
손해배상(기)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff B is a person who operated ten members of the National Assembly in the form of franchise with the trade name of “E”.

Plaintiff

A Co., Ltd. (hereinafter referred to as “Plaintiff A”) is a company to support the management-related affairs of Council members, such as public relations, employee management, purchase of materials, and management of patient information for the above “E” members, and the Plaintiff B is its actual operator.

B. On March 15, 2010, the Defendant: (a) was established on November 3, 2010 by the F (hereinafter “F”); (b) the F appears to have been engaged in the business related to support for the operation of the E Network franchise members before the establishment of the Plaintiff A; and (c) Plaintiff B signed the E Network franchise agreement (Evidence A No. 7) as the F’s agent around March 15, 2010 between F and the Defendant, it appears that Plaintiff B was involved in the operation of the F.

Between the Defendant and the Defendant’s business operator entered into a contract with the Ewon (“E”) to operate and distribute the proceeds therefrom in the name of “E” on the 2nd floor of Gangnam-gu Seoul Metropolitan Building, and operated Gangnam-gu Points around that time.

C. After that, around February 16, 2012, the Defendant closed the business of Gangnam Store on the second floor of the H building in Mapo-gu Seoul Metropolitan Government, and thereafter operated the E Councilor (hereinafter “E New Village”) with the Defendant’s trade name “E Councilor” (hereinafter “E New Village”). At the time, the Defendant began to operate the business by acquiring the right of operation of the E New Village by entering into a transfer and takeover agreement between I and the existing president of the E New Village, with the content that the Defendant would take over all the business including the facilities regarding the E New Village.

The defendant, while operating the E New Village, closed on August 14, 2012, concluded a business transfer agreement with the plaintiff C to transfer all business including the facilities to the plaintiff C with respect to the E New Village designated by the plaintiff B.

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