1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On July 20, 2011, the Plaintiff became an employee of the Defendant and was in charge of operating the Archives from that time.

The Plaintiff received the remainder after deducting an amount equivalent to 10% of the Defendant’s records business revenue from the Defendant’s records business revenue as the Plaintiff’s designated account. Since June 2017, the remainder after deducting an amount equivalent to 3% of the Defendant’s records business revenue from the Defendant’s records business revenue was paid to the Plaintiff

[Ground of recognition] The facts without dispute, Gap evidence Nos. 7 through 10 (including a serial number; hereinafter the same shall apply), the argument of the purport of the whole pleadings, and the plaintiff's argument that the plaintiff expressed his intention of withdrawal to the representative C around May 28, 2014, the defendant agreed that "if the plaintiff pays 10% of the sales amount to the defendant while operating the defendant's records business for three years, the defendant transfers the records business unit to the plaintiff after three years."

The Plaintiff operated the Defendant’s records management division for three years thereafter, and paid 10% of the sales to the Defendant.

Therefore, the defendant is obligated to transfer the records business division to the plaintiff in return for or without compensation for the payment of the above sales amount, and shall not operate the records business division which is the same kind of business as the transferor of the business.

In order to establish the relevant legal doctrine, the agreement between the parties is required to be reached in order to establish the relevant legal doctrine, and such agreement is not required with respect to all matters that form the content of the relevant contract, but there is a specific agreement with respect to the essential matters or important matters, or at least an agreement on standards and methods that may specify them in the future. In cases where such agreement or agreement is not reached, it is reasonable to deem that the contract has not been concluded, barring

Supreme Court Decision 201No. 26 October 26, 2017