(영문) 서울동부지방법원 2020.10.07 2019나26573

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2020.10.07 2019나26573

손해배상 등

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

The plaintiff is a company with the purpose of E-Commerce and shopping mall sales, etc., and the defendant (A) is a company with the purpose of multi-level sales business.

On June 27, 2013, the Plaintiff entered into a contract for business takeover (hereinafter “instant contract”) that comprehensively transfers to the Defendant the entire business part of the online shopping mall E (hereinafter “instant shopping mall”) operated by the Plaintiff’s domain name, and the main contents are as follows.

(Article 3(4) of the terms of the contract, which reads “instant PV payment clause.” The Plaintiff and the Defendant seem to be a clerical error in HD operated by the Plaintiff.

The comprehensive acquisition of all business sections of the business shall also be made, and the following contracts shall be made:

Article 1 [Subject Matter of Business Transfer] The object of business transfer shall also be all the rights and obligations related to the business of the shopping mall business operated by the plaintiff as of the base date of business transfer.

Article 3 (Terms and Conditions of Transfer)

1. It should immediately apply the compensation system proposed by the Plaintiff.

- The rate of payment of the compensation system shall not exceed 35% of the payment rate of the legal limit.

2. The head of the shopping mall operation center shall supplement necessary personnel by establishing it, and shall provide consulting on its operation with good faith and sincerity.

3. The Plaintiff seems to have the same meaning as the PV, which is given to the products sold by the Company as the weak of EV EV Edue.

under this section the authority to sell the product.

(E) The sales score that is given to the company as the weak of PVPce VL or Poin Vloe, all sales of the company, means the sales score that is given to the product sold by the company as the weak.

The 10% of the agenda shall be paid on the eth day of every week on the following week.

5. The seller is a seller who sells the Group Sales upon the Plaintiff’s recommendation and is the weak in Vale Vale.

유사 판례

-수원지방법원안양지원 2016.02.16 2015가단8740

-서울중앙지방법원 2012.04.13 2010가합90758

-광주고등법원 2018.07.06 2016나15340

-서울중앙지방법원 2018.05.31 2018고단2401