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(영문) 대전고등법원(청주) 2016.05.17 2015나435
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) On March 4, 2013, the Defendant entered into an agency transfer contract (hereinafter “instant agency”) with “C” operated by the Defendant (hereinafter “instant agency”).

(3) The Plaintiff is entitled to transfer the right of operation in KRW 70 million to the Plaintiff (hereinafter “instant transfer agreement”).

(C) The agency sales contract (C: 20 million won) shall be

3. The balance of deposit; 4. The payment shall be made on a daily basis.

3. By 29.0 million won shall be deposited.

Provided, That if approval for the head office is confirmed (approval for the head of the head office), the balance shall be deposited on the day.

When approval of the head office is delayed, the purchaser shall operate the agency from April 1, 2013 until the approval of the head office is obtained.

(2) The Plaintiff, on March 4, 2013, remitted to the Defendant the sum of KRW 20 million on March 4, 2013, KRW 30 million on the same month, and KRW 70 million on March 25, 2013 as the transfer price under the instant transfer contract. On the other hand, the Plaintiff transferred KRW 5 million on March 25, 2013 as the deposit money for the instant agent’s lease contract. Meanwhile, the Plaintiff received an investment from R and used part of the funds necessary for the instant agent’s operation.

B. The Plaintiff’s instant agency operation 1) The Plaintiff is the Korea Communications Agency by March 29, 2013 (hereinafter “Korea Communications Agency”).

(2) The Plaintiff could not be succeeded to the instant agency due to the failure to obtain approval from the Plaintiff. However, according to the instant transfer contract, the Plaintiff employed the Defendant as an employee from April 1, 2013, and actually operated the instant agency. (2) The Defendant used the Defendant’s bank and the Nong Bank account under the name of the Defendant in connection with the instant agency’s operation, but the said account was used after April 1, 2013 due to the relationship in which the instant agent was not succeeded.

3) From March 25, 2013 to December 31, 2013, the Plaintiff remitted KRW 9,196,880 to the Defendant in the name of the Plaintiff, I (the instant agency accounting staff), and R.

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