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(영문) 서울동부지방법원 2019.01.22 2018가단2807
손해배상(기)
Text

The Plaintiff, Defendant B, and Defendant C, KRW 51,066,37, and each of the said money, shall be repaid from February 6, 2018.

Reasons

1. Determination as to the cause of claim

(a)The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding to the whole purport of the pleadings the entries in Gap evidence Nos. 1 to 4, 6 to 9, and 12:

(1) The Plaintiff is a subsidiary of D Co., Ltd., a value-added telecommunications business operator under the Specialized Credit Financial Business Act, and entered into a VN agency contract with the Defendants, and Defendant E and Defendant C operate the agency in the trade name of F.

(2) In around 2015, the Plaintiff entered into an agency contract with the Defendants and three project contracts (PJT) respectively.

According to the above project contract, the plaintiff shall pay the defendants the right to use the device (payment in part of cash conversion) and the incentives for recruitment, and the defendants shall maintain the number of transactions over a certain period of time, and if the number of transactions is not maintained, the defendant shall pay the plaintiff a certain amount of penalty for each insufficient transaction case.

(3) On December 31, 2016, Defendant C entered into a contract with the Plaintiff and G on December 31, 2016, with a view to comprehensively transferring and taking over all rights and obligations under the three projects contract.

(4) However, compared to the number of business contract agreements during the transaction period (Defendant B: 40,00; Defendant C: 28,000 items), Defendant B did not have more than 7,759 items, December 12, 2017; January 12, 2018; and Defendant C did not have less than 6,062 items on November 6, 2017; December 7, 2017; 7,444 items; and January 8, 2018.

(5) On January 22, 2018, the Plaintiff notified the Defendants of the request for correction on the grounds of violation of Article 29(2)2, 12, and 13 of the agency contract, and notified the Defendants of the termination of the project contract on February 6, 2018.

(6) The details of support provided by the Plaintiff to Defendant B under the project contract are KRW 7,374,00 for the first project-related equipment, KRW 30,80,00 for the recruitment subsidy, KRW 30,800 for the second project-related equipment, KRW 3,687,00 for the second project-related equipment, KRW 16,380 for the recruitment subsidy, KRW 16,380,00 for the recruitment subsidy, and KRW 3.

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