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(영문) 대구지방법원 2019.06.14 2017가합200485
손해배상(기)
Text

1. Defendant C and D jointly share KRW 58,725,462 as well as 5% per annum from April 30, 2019 to June 14, 2019.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that runs advertising business, etc.; Defendant C is an internal director who is the representative of the Defendant Company, and Defendant D is the vice president of the Defendant Company.

The plaintiff is a doctor who operates a sexually off-the-counter hospital with the trade name of "Ewon".

B. On February 23, 2016, the Plaintiff established a local office in Vietnam from Defendant C and D to attract Vietnam customers, recommended to provide medical services in Korea (hereinafter “instant business”). On February 23, 2016, the Plaintiff entered into a contract with the Defendant Company to promote the instant business (hereinafter “instant contract”), and the main contents of Article 3 (Cooperation Matters)

1. The Defendant Company established an office in the East Asian major city on behalf of the Plaintiff, and plays a role in attracting customers for beauty-related businesses promoted by the Plaintiff and sending them to Korea, and if the Plaintiff wishes, it may substitute for additional costs for the main tasks such as the establishment of JV to each major city.

2. In order to carry out the business affairs under Article 3(1), the Defendant Company established and operated a travel agent who is able to conduct domestic and foreign business in accordance with domestic law, and plays a role to assist the Plaintiff’s beauty-related business.

Article 4 (Ae and Settlement of Accounts)

1. For the cooperation under Article 3, the Plaintiff shall pay Agent Fees to the Defendant Company according to the settlement criteria for each city as follows:

Agent Fe: 203,280,00 won (including value added tax) - Contract Deposit (40,656,000 won): Within three business days after the contract: - Within 60 days after the contract was made, - Heavy gold (1:30,656,000 won): Within 60 days after the contract was made, - Heavy Gold (2:30,656,000 won): Within 90 days after the contract was made, - Heavy Gold (3:40,656,000 won): Within 120 days after the contract was made, - Heavy Gold (4:40,656,000 won): Within 150 days after the contract was made, - Balance (20,000,000 won): Within 180 days after the contract was made;

2. Agency Fe shall open and manage a separate account with mutual trust;

Details are as follows:

C. The plaintiff.

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