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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 with the interest rate of KRW 15% per annum from February 16, 2016 to the full payment day.
Reasons
1. Basic facts
A. The Plaintiff is a company established on January 1, 2012 and engaged in business of visiting cosmetics and other goods.
B. On November 13, 2012, the Defendant, while managing and operating a place of business entrusted by the Plaintiff and the Plaintiff, managed all activities related to the sales of goods, such as sales contract of goods and post-management with customers, and entered into a management delegation contract with the Plaintiff to receive the fees agreed by the Plaintiff in return. On January 28, 2014, the Defendant concluded the same business contract with the Plaintiff as the class of the head of a branch office.
(hereinafter referred to as “instant delegation contract of management”). (c)
On February 15, 2012, the Plaintiff drafted a letter of undertaking on the transfer between the Defendant and the customer (hereinafter “instant letter”), and the main contents are as follows.
§ 1.1. I undertake to transfer all customers referred to in Section 1.2 at the time of retirement of beautyia Co., Ltd. (hereinafter referred to as “company”) to the salesperson or manager designated by the Company.
I recognize that all information data (such as customer car, documents, computer, etc.) on the customer he/she possesses are owned by the company, transfer such data to the company as above, and promise not to engage in advertising, promotion and other sales activities against the transferred customer after his/her retirement.
1.2 Customers who have promised to transfer to the Company in accordance with paragraph 1.1 include not only customers who have been transferred to the Company, Nadrid Cosmetics Co., Ltd., and all other customers who have secured themselves (including customers secured while in office of the Company and those secured prior thereto) as well as customers who have been transferred to the Company.
1.3 If the principal violates paragraphs 1.1 and 1.2, he shall pay to the Company a sum of KRW 50 million (the amount above shall be a penalty and shall not be reduced) by penalty, and shall also be liable for any damage incurred to the Company.