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(영문) 인천지방법원 2018.10.19 2017가합62074
영업금지 및 손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From November 2, 2015 to July 2, 2017, the Plaintiff opened and operated a healthcare room (hereinafter “E”) with the trade name “E” from the third floor of the building D in Bupyeong-gu Incheon Metropolitan City, and transferred the said healthcare room to the fourth floor of the building in Bupyeong-gu Incheon Metropolitan City on July 1, 2016. On June 7, 2016, the Plaintiff opened and operated the said healthcare center on the third floor of the building in Bupyeong-gu Incheon Metropolitan City, Incheon, and on July 1, 2017, the K store was respectively set up and operated on the fifth floor of the building in Gyeyang-gu, Incheon Metropolitan City.

In addition, the plaintiff is operating a company that sells multi-art specialized urban communities on the first floor of the Bupyeong-gu Incheon Metropolitan City L Building with the trade name of "M".

B. Defendant B, along with the Plaintiff, worked at the said point from around November 2015 to around May 31, 2017. From June 2016 to May 31, 2017, Defendant B, working as the hedging of I points, from June 1, 2017 to August 31, 2017, managed the operation of each branch point. Defendant C, starting from November 30, 2015 to work as the nose of F points from July 31, 2016 to May 31, 2017, managed and operated the said point as the hedging point.

C. Around August 20, 2017, the Defendants notified the Plaintiff that they will terminate E work, and the Defendants terminated work on August 31, 2017.

From October 2017, the Defendants are operating a healthcare in the name of “O” from the Bupyeong-gu Incheon Bupyeong-gu N.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. In the course of employing coaches who will work in E, the Plaintiff’s assertion entered into a membership management entrustment agreement with coaches. Although the Defendants did not enter into a written contract, the Plaintiff entered into the same contract with coaches verbally.

Therefore, the defendants became aware of the plaintiff in the course of performing their duties in accordance with the member management entrustment agreement.

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