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(영문) 서울고등법원 2016.02.05 2013나50901
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

to the extent of the property inherited from the net B;

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company established on August 7, 1981 and mainly engages in import and export of sports supplies and wholesale and retail business.

The Plaintiff is a shareholder who owns C’s 4,000 shares (15,000 shares issued in total) and B was appointed as C’s director from August 7, 1981 established by C, and served as C’s representative director from December 19, 1985 to August 4, 201 after C’s dissolution.

B. B established E Co., Ltd. (hereinafter “E”) on February 23, 1987, and served as a representative director until February 23, 1990, and served as a director from April 11, 1991 to April 11, 2003.

Of E-shares, 29% of the shares are owned by B, and the remaining shares are owned by Defendant F(50%), G(13%) and H(8%), who are children of B.

The defendant F, who is the child of B, is working for the E representative director from April 11, 2003.

C. C A Japanese company (hereinafter “Japan”) was changed to “K” after it was established by J Co., Ltd. (hereinafter “J”) to a subsidiary for the performance of the business of golf, tennis, sports goods, and clothing sales agency.

From January 1, 1996, when entering into a golf machine agency contract with Japan, J agreed to exercise the exclusive sales right in Korea for 10 years until December 31, 2005 with respect to golf, tenniss, and other sports goods and clothing produced and sold by J.

(hereinafter “instant exclusive sales contract”). D.

After that, C, as the Korean total market of Japan I, has been mainly engaged in the import and sale of I golf products. Since 2001, the import of golf products has been gradually decreased, there was no import of I golf products since 2006 after the termination of the above exclusive sales contract with I in Japan.

On the other hand, E's golf products have continuously increased since 1999, most of the imported products have been imported as I products, and since 2006, I products have been imported and sold as I's official Korean version.

(e).

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