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Reasons
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(영문) 서울동부지방법원 2018.05.30 2015가합106927
손해배상(기)
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1. The Defendant’s KRW 73,401,01 as well as 5% per annum from March 29, 2014 to May 30, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff (formerly: C) is a company engaged in the business of importing and exporting environment, mixing, energy-related machinery and parts, etc. 2) the Switzerland’s “cather” company that produces beer, gasing apparatus, etc. [Biter Filsx Engines AG (Ftil March 2013)].

) The Defendant (hereinafter referred to as “Nonindicted Company”) designated the Defendant as an official agent in the field of food and beverage business in Korea of the Nonparty Company from May 1, 2012 to April 30, 2014.

3) Accordingly, the defendant is the representative of the non-party company, and the domestic beer manufacturer parts of the manufacturing equipment of the above company (hereinafter referred to as “the beer parts”).

B. The Plaintiff’s establishment process and relationship with the Defendant 1), Defendant E (former representative director of the Plaintiff), and F, on December 11, 2012, concluded a contract for the establishment of a joint venture (hereinafter “instant contract”) with a content that the Defendant will newly establish a business right to arrange the import of beer parts, etc. as above, and as a result, the Defendant would receive 30% of the shares of the said corporation and act as an executive officer (hereinafter “instant contract”), and established the Plaintiff on January 22, 2013 pursuant to the instant contract.

Since then, the defendant has been in charge of marketing as the plaintiff's internal director.

2) On September 26, 2013, E sent an e-mail to the Defendant stating that “I will complete the ongoing business and take over the company’s internal activities because of infinite attitude, etc.,” and the Defendant sent a reply to the Defendant on the same day that “I will complete the ongoing business.” 3) The Plaintiff did not pay monthly wages from September 2013, and the Defendant prepared a written waiver of the company’s shares from F on October 4, 2013, and equipment.

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