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(영문) 대전지방법원 2017.11.08 2016가단206861
손해배상(기)
Text

1. On September 6, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 3,833,33 and KRW 1,00,00 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On February 5, 2015, the status C of the parties entered into a partnership agreement with Q Co., Ltd. (hereinafter referred to as “PS B Q”) with the following contents.

Article 2 (Incorporation of Corporation and Limit of Transfer of Stocks)

1.After the conclusion of the agreement, C shall complete the establishment of a juridical person within 30 days, and agree to submit documentary evidence of incorporation to the puss B Q.

2. The Parties conclude a contract for share acquisition that transfers 15% of the total number of shares issued by a corporation established by C (hereinafter referred to as “D”) to promote partnership projects that can grow together through the establishment of a long-term cooperative relationship at 10% of its par value to GNS lenses Co., Ltd. (hereinafter referred to as “Lez”).

Article 3.(Other Matters of Affiliation and Agreement)

1. He shall enter into an agreement on the vicarious execution of business to support the expansion of member stores D and shall reasonably distribute profits to member stores newly established on the basis of mutual trust;

2. To support the feasibility of D’s business feasibility, SB Q permits D to use the logos and trade names of BB Q.

C On February 11, 2015, the defendant (former trade name: corporation E) for the purpose of food service business, etc. was established.

On April 25, 2015, the Defendant entered into a business partnership agreement with the business affiliated company, which is a subsidiary company of ppus BB Q, and entrusted the Defendant with the business affairs concerning the promotion of the franchise store and the contract of F, which is the Defendant’s franchise-type business. G, who is the employee of PP, was the Defendant’s member store and provided a franchise agreement to the Plaintiff around May 2015.

On June 7, 2015, the Plaintiff, Defendant, and G drafted the “Franchis transfer note”. The Plaintiff’s “Franchis transfer note” referred to in paragraph 9 is a contract that is entirely unrelated to the NeneB Q, and FC is entrusted with the franchise agreement from the business suspension entity (Defendant).

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