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(영문) 서울고등법원 2015.12.17 2015나2006034
손해배상(기) 등 청구
Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.

Reasons

1. Basic facts

A. The subject matter of this contract is not the real estate shop itself, but the goodwill, value rights, know-how and facilities related to the store.

Article 6 If the transferor intentionally or negligently interferes with the business of the transferor even after the transfer of the F Point, the transferee may claim compensation for the damage related thereto.

Article 8 In principle, the transferor shall not operate the same trade name and the same kind of business within the same basic local government while the transferee after the transfer operates the F points, and if he/she violates this, the transferee may claim the transferor for compensation for the amount equivalent to the F points of transfer.

On March 3, 2010, the Plaintiff entered into a contract with Defendant B to acquire the business rights, facilities, etc. of F stores, a specialized center for women's exclusive use (hereinafter referred to as "F stores"), located on the first underground floor of Gangnam-gu Seoul, Seoul, for KRW 180 million (hereinafter referred to as "the acquisition agreement of this case"), from Defendant B, and paid all the price of KRW 180 million to Defendant B.

The main contents of the acquisition agreement are as follows:

B. On the same day, the Plaintiff entered into a contract with Defendant B to entrust the operation of the F Points (hereinafter “instant entrustment contract”).

(Entrusted Operation Period: from March 25, 2010 to March 24, 2012) The main contents of the consignment contract are as follows:

Article 2 (Name in Operation) Defendant B operates F Points in the name of the Plaintiff.

Article 5 (Operation and Management) All acts necessary for the F Points shall be operated collectively in D.

The right to operate during the contract period is in D, and the plaintiff cannot interfere with its operation, and all disadvantages arising from the interference with its operation shall be borne by the plaintiff in principle.

Provided, That the overall operation system may be inquired and audited.

(B) All operations shall be transparent. (C) All operations shall be conducted by Defendant B in a transparent manner.

Article 6 [Operating Profits]

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