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(영문) 서울고등법원 2018.08.23 2017나2043839
보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. The first instance court;

Reasons

1. The reasoning for this part of the judgment of the court of first instance is as stated in the reasoning for the judgment of the court of first instance, except for cases where the judgment is used or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the third 24th 'increased' of the judgment of the court of first instance shall be raised in the form of "China'.

Of the judgment of the first instance court, the first instance court's first instance court's first instance court's second instance's second instance's second instance's "round June 2014" with "round July 2014 (No. 14)".

Of the judgment of the court of first instance, the 5th "other remaining body" in the 20th one shall be applied to "other organizations".

Part 8 of the decision of the first instance shall be added following the 18th of the decision as follows:

If the parties are clearly aware of their common intentions, the expression of intent shall be interpreted according to the common perception of the parties even if it is different from the language expressed by the parties (see, e.g., Supreme Court Decisions 2014Da19776, 19783, Feb. 15, 2017; 93Da2629, 2636, Oct. 26, 1993). Of the judgment of the court of first instance, the phrase “However, as seen above,” in the first and second instances of the judgment of the court of first instance (see, e.g., Supreme Court Decisions 2014Da19776, 19783, Feb. 15, 2017; 93Da2636, Oct. 26, 1993), that the Defendant was also aware of the fact that the said item was selling at the time of concluding the compensation contract in 2

Part 9 of the decision of the first instance shall be added to the following:

(2) The Plaintiff and the Defendant determined the total amount of the past compensation to be paid by the Defendant to the Plaintiff during the second quarter of 2009 as KRW 46,720,496.

(갑 3호증). 그런데 당시 ‘퀵뷰 아이템’ 매출만을 이용료 매출로 보았을 뿐, ‘골드, 별풍선 아이템’ 매출은 기타 수입 중 B2B Business to Business, 기업과 기업이 거래 주체가 되어 상호간에 전자상거래를 하는 것을 뜻한다.

As sales were excluded from the assessment of the above compensation.

Gap evidence 38, Eul.

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