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(영문) 청주지방법원 2020.08.13 2018가단25571
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a person who provides a branch office, etc. with machinery, seal, etc., which is capable of producing a “passing” seal while running the business of selling a “passing” painting, in which face pictures are sealed.

B. The Plaintiffs entered into a branch contract (hereinafter “instant branch contract”) with the Defendant as follows:

Plaintiff

On December 12, 2017, the purpose of this Agreement is to create mutual benefits by granting the Plaintiff the business rights of the relevant region on the premise of the distribution of the products supplied by the Defendant, to the head of the relevant area, located around January 4, 2018, in the branch office of the Suwon-si branch office, which is the Seoul-do branch office on November 22, 2017, the Seoul-do branch office on January 4, 2018 (three district branch offices) of the Seoul-do branch office on January 4, 2018.

§ 2 (Contract Area) The contract area of the plaintiff shall be (a) and the name of the branch office shall be (b) the name of the branch office.

Article 7 (Business Methods) (1) The business methods related to this project shall be the basis for sales through customers visiting the workplace.

(2) The Government may place a sear and a separate agent and a handling store within the contract area for external sales outside the place of business referred to in paragraph (1).

In this case, Durlers and agencies, and the managing body of the dealing point shall be the plaintiff, and all powers and responsibilities related thereto shall be the plaintiff.

C. At the establishment cost of the Defendant, Plaintiff A transferred KRW 10 million on December 12, 2017, KRW 200,000 on November 22, 2017, KRW 8 million on December 6, 2017, KRW 300,000 on January 15, 2018, KRW 12 million on January 16, 2018, KRW 400,000 on Plaintiff D, KRW 50,000 on November 27, 2017, KRW 500,000 on December 6, 2017, and KRW 100,000 on December 7, 2017, respectively.

The profit-making structure of the above painting business is ① obtaining profits from visiting the place of business from selling painting to the customer who visited the place of business, ② branch office - agency - handling store - the upper organization is partly distributed among the sales profits of the subordinate organization within the business organization composed of the deceptive structure of the entrusted store.

E. The branch office shall have the right to carry out the business of “passing” within the contract area (mainly administrative unit).

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