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(영문) 서울동부지방법원 2020.01.08 2018나24303
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that runs the “E language telephone number business” (hereinafter “E business”), which connects the relevant subscriber by telephone number No. E, and Defendant C is the inside director of Defendant B as the president of Defendant B, and Defendant D is the owner of Defendant B’s branch office F (hereinafter “F”).

B. A business that resells the “E” phone number, and around 2005, G was first granted the “E” phone number from the State, and thereafter H Co., Ltd. (hereinafter “H”) acquired G Co., Ltd. and entrusted Defendant B with the authority to operate the E business on April 2014.

C. Defendant B: (a) each branch office recruited subscribers; (b) the head office was operated in a manner that distributes 48% of the monthly fees to the branch offices according to the subscription performance; and (c) the branch office was operated in a manner that recruits subscribers by setting up a branch office and an agency.

If the agency recruits a user, 38% out of the telephone number sales proceeds 22,000 won is the agency, 5% is the branch to which the agency belongs, 5% is the branch to which the branch belongs, and 52% of the remainder is the structure of acquiring the defendant B, the head office.

On the other hand, investors who intend to operate the E business have concluded a contract with Defendant B to establish a branch office, branch office, or agency and obtained the right to sell the E phone number. On the basis of August 2014, the establishment cost to be paid to Defendant B was KRW 110 million in the case of a branch office, KRW 40 million in the case of a branch office, KRW 44 million in the case of a branch office, and KRW 11 million in the case of an agency.

On August 18, 2014, the Plaintiff entered into an agency contract with Defendant B (hereinafter “instant agency contract”) with an agency establishment as KRW 11 million, and on the same day, the Plaintiff entered into the agency contract with Defendant B as the agency establishment fee.

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