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(영문) 서울중앙지방법원 2018.05.25 2016가단5242177
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff (Counterclaim Defendant)’s KRW 30,000,000 and its related amount from November 4, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff: (a) around June 30, 2009, transferred the name of the business operator with respect to the beauty room of the trade name “E” (hereinafter “E”); and (b) operated the instant beauty room in the Gwanak-gu Seoul Special Metropolitan City 203 and 204.

B. From March 1, 2007, Defendant B was to be a beauty artist (Hodier) at the instant beauty art room from around March 1, 2007, and concluded a contract and a contract for work with the Plaintiff’s wife on April 1, 2009, and concluded with the Plaintiff on March 20, 2011.

(hereinafter “instant one contract”). After that, Defendant B retired from office on December 20, 2013, the instant one contract was terminated upon the retirement of the beauty room business.

In addition, from February 13, 2006, Defendant C concluded a contract with the Plaintiff on April 5, 2010 (hereinafter “instant two contract”) with the beauty artist (Hodier) from around February 13, 2006.

After that, around December 10, 2013, Defendant C retired from the service of the beauty room of this case, and the instant contract of this case was terminated.

C. The main contents of the instant 1 and 2 contracts are as follows.

Article 2 (Contract Work) The Defendants shall perform the contracted work entrusted to the Defendants by the Plaintiff at the place of business designated by the Plaintiff.

Work of Hague Design Services

B. The Defendants are responsible for the management of an intern and goods jointly used by the principal to pay personnel expenses on their own, and the scope of management shall be determined by the contract’s efficient performance of the work requested by the principal to increase mutual benefits through the polarization of sales.

Article 3 (Contract Expenses) The composition, calculation, method, etc. of consideration for the performance of the contract work shall be governed by a separate contract of remuneration.

Article 4 (Period of Contract) The term of this Agreement shall be from April 1, 2011 to March 31, 2012 (in the case of Defendant C, from April 1, 2010 to March 31, 2011), and

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