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(영문) 청주지방법원 2019.07.12 2018가합3486
영업행위금지 등 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established with the trade name of “stock company A” for the purpose of job placement service, online e-mailing service, etc.

The defendants have been in charge of duties as a franchise after concluding a business agreement with the plaintiff.

1. The purpose of this business agreement is to facilitate the smooth performance of business affairs falling under the business objectives of the “company” and “B” in cooperation with the “company” and to take profits therefrom at the agreed rate.

2. A company shall appoint “B” as a franchise of the Bank of Korea.

4. A company’s duty to perform the duties of franchise (outside employees) (1) provides “B” with the IDs and passwords of in-house information networks (tenets) and official e-mail and employment advertising sites affiliated with “company”.

(2) “B” has a duty to record all business progress in the intra-company information network (tenet), and must carry out relevant business affairs by using various regulations and documents citing “company”, such as a tax invoice, invitation request, and hedging agreement.

(4) The term “B” is carrying out its business by using accumulated data, advertisements, know-how, etc. of the company, and is prohibited from exposing any information about the company and any data including its operating status and progress, to the outside or competitive company.

5. (1) The provisions on the allocation of fees (i) The Company shall pay to the Company “B” the fees agreed upon when the proceeds of the Company “B” will be deposited with the Company in Cloat.

(2)The success of the proceeding shall be apportioned from the fees collected from the Cloart in accordance with the following rates of commission allocation, and the withholding tax shall be paid after deducting the amounts of withholding tax at the time of distribution:

(3) The fee rate table (in the case of domestic hedgeting and consultation on human resources for employment agency) that is allocated to “B” shall be 50% of the fee rate per se.

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