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(영문) 대구지방법원서부지원 2017.07.19 2016가단53507
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, while operating a joint agency (hereinafter “E”) in Gyeongcheon-gun D for a considerable period of time, has sold to Do and Do and Do and Do and Do and leased from spac as well as traded all of the absentees related to beverages and water.

On the other hand, the defendant is an employee who has worked for several years at the instant agency operated by C.

The seller in Article 1 (Sale of Assets for Sales of Agency Distribution Rights) of the Contracts for Sales and Purchase of Agent, shall sell all of the assets, etc. of each public organization as a right to the sale and purchase of the Ehap Agency (C) to the buyer.

(Distribution Transaction: Article 2 (Sale Amount and Payment Schedule) (referring to any transaction other than SPPL). This Agreement was drawn up on August 8, 2015 at 15, and the total sale amount is KRW 400,000,000 (including any attempted amount).

The credit sales outstanding amount of 100,000,000 won ( August 8, 2015) remaining 390,000,000 won (outstanding) and Article 3 (outstanding Amount) (outstanding) of the Ehapcheon Agency as of September 30, 2015 shall be accepted by the buyer.

(Provided, That the outstanding credit sales amount shall be recognized only by the amount on which the customer and the purchaser affix their signatures and seals according to the form acceptable to them). This Agreement shall take effect legal effect from the date of its preparation.

At the time of unilaterally cancelling the down payment after paying the down payment, two times the down payment shall be reimbursed.

The transfer period is from October 1, 2015 to November 30, 2015 (2 months).

It promises to implement the transfer of business status, information, sales methods, etc. in depth.

In selling this agency business, the seller promises not to complete the business activities on the ground of the same or similar type of business, or a similar type of business or agent in the future.

B. On August 8, 2015, the Plaintiff’s instant agency business between C and C.

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