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(영문) 수원지방법원 2015.11.26 2014가단21348
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 9, 2013, the Plaintiff entered into a contract with the Defendant for transfer/acquisition of KRW 90 million (hereinafter referred to as “instant contract”) with respect to D points, which are sales agencies, and E points’ business rights, among the medium-sales agencies of the Nesobs Co., Ltd. (hereinafter referred to as “NE”) and the Defendant on April 9, 2013 (hereinafter referred to as “instant contract”), and the same year.

4.12. 35 million won, and the same year.

4. A total of KRW 90,000,000,000 as premium was paid on April 4, 299 as premium.

B. After April 2013, the Plaintiff entered into an interim management contract on the non-party company and the above D points and E points (a contract with the intermediate manager who operates the sales agency and collects a certain percentage of fees from the non-party company according to the profits therefrom).

(Agreement Period is from May 1, 2013 to April 30, 2015 for E stores, and from May 1, 2013 to April 30, 2015 for D stores, to April 30, 2014).

However, when the rent of the above D points was increased on November 2013, the non-party company terminated the intermediate management contract on D points to the plaintiff and recommended the intermediate management of F points, but rejected by the plaintiff.

In addition, the above E point is expected to be re-entered when the construction is completed after the closure point during the construction period of G.

Meanwhile, as the Plaintiff requested the Defendant C to provide consultation for the purpose of concluding the instant contract and entered into the instant contract, the Plaintiff’s consulting cost of KRW 10 million on April 9, 2013, and the same year.

4. 17.5 million won was paid (the fact that there is no dispute over the grounds for recognition, each entry in Gap 1 through 5, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The sales rights of Defendant B and E are owned by the non-party company, and only Defendant B, who is the intermediary manager of the points and E, did not have any authority over the sales rights of the points and E, shall enter into the instant contract by deceiving the Plaintiff and receive KRW 90 million for the premium, and shall return the said amount to the Plaintiff.

Even if it is not so, the period of intermediate management contract concluded with the plaintiff and the non-party company is 2014.

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