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(영문) 서울동부지방법원 2020.01.08 2018나24297
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant B”) is a company that runs the “F Business” (hereinafter “F Business”) that connects the relevant insured person with his trade name or name by telephone, and Defendant C is the president of Defendant B, who is the inside director of Defendant B, and Defendant D is the head of the branch office of Defendant B, who is the owner of G.

B. A business that resells the “E” phone number, and around 2005, the F business was first granted the “E” phone number from the State, and thereafter, the corporation I (hereinafter “I”) acquired H Co., Ltd. and entrusted Defendant B with the F business operation authority on April 2014.

C. Defendant B: (a) each branch office recruited subscribers; (b) the head office was operated in a manner that distributes 48% of the monthly fees to the branch offices according to the subscription performance; and (c) the branch office was operated in a manner that recruits subscribers by setting up a branch office and an agency.

If the agency recruits a user, 38% out of the telephone number sales proceeds 22,000 won is the agency, 5% is the branch to which the agency belongs, 5% is the branch to which the branch belongs, and 52% of the remainder is the structure of acquiring the defendant B, the head office.

On the other hand, investors who want to engage in F business have concluded a contract with Defendant B to establish a branch office, branch office, or agency and obtained the right to sell E phone number. On the basis of August 2014, the establishment cost to be paid to Defendant B was KRW 110 million in the case of a branch office, KRW 40 million in the case of a branch office, KRW 11 million in the case of an agency, and KRW 10 million in the case of an agency.

On August 22, 2014, the Plaintiff entered into an agency contract with Defendant B (hereinafter “instant agency contract”) with an agency establishment of 11 million won. The main contents of the agency contract are as follows.

Article 6 (Prohibition of Transfer and Disposal of Rights and Obligations) (1)

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