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(영문) 서울남부지방법원 2013.11.05 2012가합9127
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 173,00,000 as well as 20% per annum from June 26, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

(a) The status (1) E Co., Ltd. (hereinafter referred to as “E”) is a company with the objective of installing landscaping facilities construction business, franchise business, food and beverage distribution business, etc.

(2) Defendant B is the representative director of “E”.

Defendant C is the vice president of the “E”, and Defendant D works as the head of the “E”, and Defendant C was in charge of concluding a contract for agency operation and transfer with respect to carpets operated by “E” under the trade name of “FC” by leasing department stores.

B. During the process of concluding an agency operation and transfer contract with the Plaintiff (1) around February 15, 201 upon Defendant C and D’s investment recommendation, the Plaintiff entered into an agency operation and transfer contract with the Plaintiff on the “E” and the “E” on a lot department G store G page, and paid a total of KRW 110 million as follows:

B (2) The Defendants, supra, proposed that the Plaintiff be entrusted to “E” by acquiring the instant store instead of the “sponk department store G store store G store,” and soliciting that the Plaintiff be entrusted to “E” by acquiring the instant store jointly with I, because the size of the store is large.

(3) On May 17, 201, the Plaintiff entered into a contract for agency operation and transfer (hereinafter “instant contract”) with “E” and “E” for the instant store.

In concluding the instant contract, the Plaintiff and E drafted “agency Operation and Transfer Agreement” (hereinafter “instant contract”) and the date of preparation was written on February 15, 201, which is the date of preparation of the instant contract.

(4) The content of the instant contract is as follows.

① In other words, the Plaintiff and I delegate all the powers concerning the operation and management of the instant store to “E”.

(2) The distribution of earnings shall be paid to the plaintiff and I within three days from the date on which a statement of accounts is issued by the cooperation company of "E".

3. Examining and analyzing defects in the above objects.

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