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(영문) 서울남부지방법원 2020.11.12 2019나60644
약정금
Text

The plaintiff's appeal is dismissed.

In accordance with the plaintiff's conjunctive claim added by this court, the defendant 7.

Reasons

1. The reasoning for the court's explanation as to this part of the judgment of the court of first instance is that "the principal and judgment" shall be "the principal and judgment" as "the second last action of the judgment of the court of first instance concerning the principal claim" and the third action of the court of first instance shall be "42,830,000 won paid at the agreed amount of KRW 150,000,000,000,000,000 won" as "interest, 112,656,301 won remaining after payment in order of principal, and the third action of the judgment of the court of first instance" as "the fact that the plaintiff appeared in an investigative agency and stated to the effect that "the defendant sent a letter of payment in this case." The defendant sent a letter of payment unilaterally," and there is no reason for the court of first instance to establish additional agreement between the plaintiff and the defendant pursuant to the main action of the court of first instance as stated in the main sentence of the Civil Procedure Act, and there is no reason for the plaintiff's request for payment in addition.

2. Judgment on the conjunctive cause of claim

A. In addition to the overall purport of the pleadings in each statement in the evidence Nos. 9, 9, and 3, the Defendant, without prior approval of the Plaintiff, had a duty not to engage in any other business or profit-making business except for the Plaintiff, or not to establish and operate a separate company. However, on May 16, 2013, in violation of the above occupational duty, the Defendant, at the Cudio Recording Office Co., Ltd., Ltd., in violation of the above occupational duty, omitted the audio recording work requested by the Co., Ltd. D using its sound facilities and equipment, and omitted the sales transaction of the Co., Ltd., and received KRW 500,00 from that time to May 22, 2017, acquired financial benefits equivalent to KRW 92,830,000 for audio work, etc., and suffered financial benefits equivalent to the same amount from that time to May 22, 2017.

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