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(영문) 서울남부지방법원 2017.11.14 2015가단228014
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim.

Reasons

1. Basic facts

A. The Plaintiff (formerly, D Co., Ltd.) is a company that runs a commercial operation, etc.

B. Around June 2013, Defendant B entered into a sales and consignment management contract with the Plaintiff and was commissioned as the head of Seoul Gangseo-gu headquarters of the Plaintiff Company. Around April 2015, Defendant B terminated the said contract and retired from office as the head of Seoul Gangseo-gu branch of the Plaintiff Company E (F) that is a superior company.

Defendant C entered into a sales and consignment management contract with the Plaintiff on June 2013, and was commissioned as the head of Incheon Bupyeong-gu Office of the Plaintiff Company. On December 23, 2014, Defendant C terminated the said contract and retired from office as the head of Incheon Bupyeong-gu Branch of the Plaintiff Company E around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 5-10, the purport of the whole pleadings

2. Determination on the main claim

A. Defendant B’s summary of the Plaintiff’s assertion that he left his job to E is the Plaintiff’s design company G, H, I, J, K, L, L, M, N, P, P, Q, R, and U, as of March 31, 2015, the design company, T, and U, who had been the head of the headquarters, sold the Plaintiff’s upper aid product at the Seoul Southern Northern Headquarters.

4. 1.1. The designer, designer, and designer, as of the 8.th of the same month and as of the 9.9th of the same month, led the designer to resign from the Plaintiff Company and to resign from the Plaintiff Company E, and the above designer retired from employment to E.

2) Defendant B had 135 members who had concluded a mutual aid agreement with the Plaintiff through the designer as described in the above A. A., and had them terminate each mutual aid agreement and transfer the mutual aid agreement to E. The Plaintiff’s commercial aid product value terminated is at least 2 billion won. 3) When Defendant C retires to E, Defendant C sold the Plaintiff’s mutual aid product at the Incheon Bupyeong Headquarters, which was the head of the headquarters, to E., the designer X, X,Y, Z, AAB, AB, AC, and AD on January 13, 2015, and the designer E on the 30th of the same month.

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