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1. Revocation of a judgment of the first instance;
2. The Plaintiff’s claim against the Defendant (Appointed Party) and the Appointed C is dismissed in entirety.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence 1, 2, and Eul evidence 1.
The Defendants, from July 2007 to July 1, 2007, received proposals from the Plaintiff, who operated the company for the said company in the name of "E" around August 2007, while operating the company for the discount of railroad tickets.
B. On August 7, 2007, the Defendants entered into an agreement with the following contents in the name of the Defendants and the Plaintiff’s designated F (hereinafter “instant agreement”) and changed the deposit account, such as the passenger ticket price and fee, of the customers using D on August 20, 2007, to the deposit account opened in the Plaintiff’s name.
Article 1 Article 1 Section B (hereinafter referred to as “Defendant (Appointed Party”) and C (hereinafter referred to as “Appointed Party C”) transfer 50% of the ownership of D (hereinafter referred to as “D”) operated on the website following the website, and Party A (hereinafter referred to as “Plaintiff”) transfer 15% of the E’s equity to that effect.
(7.5%) Section B and C of Article 2 may receive dividends on the shares held, but they shall not have voting rights.
Article 3 Section A provides B and C with a basic rate of KRW 2.6 million per month.
(not including medical insurance, national pension, employment insurance, income tax, and resident tax). Eul and Byung shall be responsible for this and shall pay at least 3.6 million won per month.
Article 4 Section 4. 8 on August 8, 2007, Eul shall operate all profits accruing from D Cafs under the management and responsibility of Gap.
C. From August 2007 to October 2008, the Defendants received wages of KRW 1,300,000 per month from the Plaintiff and operated D together with the Plaintiff. In addition, the Defendants received KRW 1,800,000 each from the Plaintiff as profits from the sale of the instant tickets and KRW 2,00,000 each as profits from the sale of the instant tickets.