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(영문) 춘천지방법원원주지원 2015.07.23 2013가합5639
손해배상(기)
Text

1. The Defendants are prohibited from engaging in the vicarious driving business for 10 years in Gangwon-do and Won-si.

2. The plaintiff's defendants.

Reasons

1. Facts of recognition;

A. On January 2, 2013, the Defendants, in a de facto marital relationship, entered into a contract with the Plaintiff to transfer the substitute driving business to KRW 95,000,000 (hereinafter “instant contract for business transfer”) with the following content, and the Plaintiff paid the said price in full and received the said substitute driving business from January 9, 2013.

BD E F GH IJ K L M N Pu Q Q TR T UVW

B. On January 8, 2013, Defendant C leased a building of KRW 102, Y from X, a commercial building owned by it (hereinafter “instant commercial building”) at KRW 5,00,000, and KRW 300,000, respectively, for the lease term of one year, deposit amount of KRW 5,000,000, and at least, the Defendants transferred to another place the house, computer, book, etc. necessary for the business of an acting driver (hereinafter “J”) operated prior to the instant contract for the transfer of business.

C. From February 18, 2013, the J branch office and the Z, AA et al. taken over the said gyms, etc. and started the Z driving business under the name of “AB” in the instant commercial building. The Defendants also kept customer account books used at the time of J operations.

In addition, the Defendants had worked as an acting driver at AD operated by AC on January 19, 2013 and January 21, 2013 after the instant transfer contract was concluded, and AC sent to the Plaintiff several times the text of publicity of acting driving after the instant transfer contract was concluded.

E. The Plaintiff is a golder in the form of paying 50,000 won in cash when a restaurant, etc. is 50 times more than a substitute driver’s license, and the said restaurant, etc. is a golder. The Plaintiff is a golder without the capacity or intent to implement the instant contract for the transfer of business, such as deceiving the Plaintiff to be unaware of the transfer money without any capacity or intent, and the Plaintiff’s obligation to maintain confidential business information, such as the company and the customer telephone number, etc. under the instant contract.

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