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(영문) 부산지방법원 2017.08.18 2016가단316248
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant 1”) is a corporation that manufactures and sells lul Products (the representative director is G or G is Defendant D (hereinafter “Defendant 2”).

As seen later, Defendant E Co., Ltd. (hereinafter “Defendant 3”) is a juristic person that has acquired the exclusive right to sell luxur products of Defendant 1. Defendant F Co., Ltd. (hereinafter “Defendant 4”) is a juristic person that has entered into an agency contract with Defendant 3 with regard to luxur products. The Plaintiff, who operates “I soup” in the H building located in Busan Northern-gu, and entered into a regional agency contract with Defendant 3 and 4 with regard to luxur products.

B. On November 20, 2014, Defendant 3 entered into a partnership business investment agreement with Defendant 1, 2, and Defendant 3 on the soft Products (the exclusive sales right agreement) with Defendant 1, and Defendant 2, with the funds invested by Defendant 3 in Defendant 1, and Defendant 3, with the funds invested by Defendant 1, 2, and Defendant 3, and Defendant 3 entered into a partnership business investment agreement with the effect that he/she will sell the so-called so-called “instant investment agreement” (hereinafter “instant investment agreement”). Under the instant investment agreement, Defendant 3 paid KRW 1 billion to Defendant 1, and received KRW 49% of the shares of Defendant 1.

C. The agency contract between Defendant 4 and Defendant 3 and each agency contract between Defendant 3 and Defendant 4) concluded an agency contract between Defendant 4 and Defendant 3 on March 13, 2015, Defendant 4 concluded an agency contract between Defendant 3 and Defendant 3, and the Busan Metropolitan City agency contract between Defendant 4 and Defendant 3 on March 13, 2015, the Plaintiff paid KRW 100,000,000 for the contract deposit to Defendant 3 on March 25, 2015. (2) Each agency contract between the Plaintiff and Defendant 3 and Defendant 4 between the Plaintiff and Defendant 4 on March 20, 2015.

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