beta
Text
1. Defendant (Counterclaim Plaintiff) and Defendant B jointly and severally filed a claim against the Plaintiff (Counterclaim Defendant) for KRW 28,729,757 and the said claim on February 8, 2013.
Reasons
1. Basic facts
A. On January 1, 2012, the Plaintiff, a company engaged in cosmetics and other goods-to-door sales business, managed all activities related to the sales of goods, such as sales contracts with customers, post-management, etc., and entered into a management delegation agreement with Defendant A (hereinafter “instant management delegation agreement”). On January 16, 2012, the Plaintiff entered into a financial guarantee agreement with Defendant B with the effect that Defendant A would jointly compensate the Plaintiff during the performance of duties under the instant management delegation agreement (hereinafter “instant financial guarantee agreement”).
§ 1.1. I undertake to transfer all customers referred to in Section 1.2 at the time of retirement of beautyia Co., Ltd. (hereinafter referred to as “company”) to the salesperson or manager designated by the Company.
I recognize that all information data (such as customer car, documents, computer, etc.) on the customer he/she possesses are owned by the company, transfer such data to the company as above, and promise not to engage in advertising, promotion and other sales activities against the transferred customer after his/her retirement.
1.2 Customers who have promised to transfer to the Company in accordance with paragraph 1.1 include not only customers who have been transferred to the Company, Nadrid Cosmetics Co., Ltd., and all other customers who have secured themselves (including customers secured while in office of the Company and those secured prior thereto) as well as customers who have been transferred to the Company.
1.3 If the principal violates paragraphs 1.1 and 1.2, the principal shall pay to the company a sum of 50 million won by penalty for breach of contract (the above amount shall be a penalty and shall not be reduced) and shall also be liable for any damage incurred to the company.
B. Defendant A shall take February 2012.