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(영문) 서울중앙지방법원 2016.03.17 2014가합568044
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On April 201, the Plaintiff, along with Defendant B Co., Ltd. (hereinafter “Co., Ltd.”) around April 201, decided to operate a small-scale club business with the name of “Spanish professional club D.”

Based on the premise that the plaintiff grants exclusive rights to operate the small-scale club business using the name of "D" to Defendant B in Korea, the plaintiff served as the role of supplying the small-term club education program of "D" and the defendant B served as the role of providing the F (galmnas and offices) located E, and the profits and expenses for the above business are allocated and borne in accordance with the terms and conditions of the contract.

On April 201, the Plaintiff and Defendant B entered into a contract with the term “GYAD business contract” for five years from the date of the contract. On February 2012, the Plaintiff entered into a contract with the same content as the said contract (hereinafter collectively referred to as “first contract”) with the exception of somewhat modifying the membership fee, membership fee, profit distribution, and method of sharing expenses.

Afterwards, the Plaintiff and Defendant B agreed to operate a youth club business in other areas where it is easy to recruit its members in terms of accessibility and standard of living, etc., compared to HH located, and concluded on June 12, 2012 “G youth club business term contract (hereinafter “second contract”).”

The contract term is from September 1, 2012 to August 31, 2013, and the contract term is also from August 31, 2013. The contract term includes each of the roles of the Plaintiff and Defendant B, profit sharing and cost sharing.

On the other hand, around April 2012, the Plaintiff entered into a contract with Defendant C (a member company of the same group as Defendant B; hereinafter referred to as “stock company”) and “I after-school classes/I after-school experience programs” (hereinafter referred to as “third contract”).

The third contract is that the plaintiff is the operator of the after-school classroom business, and the defendant C is the operator of the after-school classroom, and the profits and expenses are distributed.

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