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(영문) 서울중앙지방법원 2014.12.17 2013가합83447
손해배상
Text

1. Defendant C shall manufacture, process, sell, and distribute kimchi by October 20, 2031 in the areas listed in paragraphs 1 and 2 of [Attachment 1].

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) is a company established on January 23, 2002 for the purpose of the kimchi processing business, the kimchi wholesale and retail business, etc. by making the Gangnam Stack-gun F in Gangwon-gu as its principal office located.

Defendant C served as the representative director from January 23, 2005, from August 22, 2007 to August 20, 2010, from September 15, 2010 to January 6, 2012.

B. On October 21, 2011, the Plaintiff entered into a contract with Defendant C to acquire shares and management rights (hereinafter “instant contract”) with the purport that the Plaintiff would acquire 100% of shares and management rights for KRW 850,000 from Defendant C (hereinafter “instant contract”).

The main contents relating to this case in the above contract are as follows:

Article 5(Good Faith and Sincerity) (4) During the effective period of this Agreement, the term “A” and “B” shall not engage in the following conduct without the prior written consent of “B” (Plaintiff). <7> The term “A” and “A” and “B” are effective upon the conclusion of this Agreement by the Parties, and automatically lose its effect when the major officers and employees of a company enter into this Agreement, and (1) major shareholders, affiliates, and relatives of “A” and “A” enter into this Agreement, Article 7 (Effect, Effective Period, Termination, etc. of the Agreement) of the act of new entry into or bypassing the same kind of business:

Where a revised sales contract has been concluded

B. Where this Agreement is terminated:

C. Defendant B (hereinafter “Defendant B”) is a company established on January 12, 2012 for the purpose of the kimchi processing business, kimchi wholesale business, etc. by having Jeju-si G as the seat of its principal office.

around August 29, 2012, Defendant B issued a business registration certificate from the Incheon City Mayor and started its business around that time.

Defendant D serves as the representative director of Defendant B from the time of establishment to the date of establishment, and Defendant C served as the inside director of Defendant B from the time of establishment to August 24, 2012.

Defendant D and C shall be the defendant.

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