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(영문) 서울중앙지방법원 2014.03.20 2013가합220
위약벌
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 50,000,000 as well as 20% per annum from January 18, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On January 1, 2012, the Plaintiff Company engaged in cosmetics and other goods-to-door sales business: (a) managed and operated the place of business entrusted by the Plaintiff Company with Defendant B, C, and E; (b) managed all activities related to the sales of goods, such as sales contract and post customer management; and (c) the Plaintiff Company entered into a management delegation agreement with the said Defendants in return for the payment of the fees agreed upon by the said Defendants (hereinafter “instant management delegation agreement”); (c) between Defendant F and the Defendant F entered into a financial guarantee agreement with Defendant F to jointly and severally compensate the Plaintiff Company for the damages inflicted on the Plaintiff Company during the performance of the duties under the said management delegation agreement; and (d) between Defendant D and the Defendant D, on January 2, 2012, concluded a financial guarantee agreement with Defendant D to jointly and severally compensate the Plaintiff for the damages inflicted on the Plaintiff Company during the performance of the duties under the said management delegation agreement.

B. On February 15, 2012, with Defendant B, C, and E, the Plaintiff Company promised to transfer all customers as defined in Article 1(1)2 at the time of the withdrawal of the Plaintiff Company A (hereinafter “Company”) to the salesperson or manager designated by the Company. The principal recognizes that all information and data (such as customer car, documents, computer, etc.) on the customers he/she owns are owned by the Company, and promises to transfer them to the same status as above, and to not engage in advertising, sales promotion, or other sales activities against the transferred customers after his/her retirement. A customer’s promise to transfer them to the Company pursuant to Article 1(1) includes not only the transferred customers (including customers and customers who have been secured before his/her employment) but also customers (including those secured before his/her employment).

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