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(영문) 서울남부지방법원 2015.12.04 2014가합112508
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Party I Co., Ltd. (hereinafter “instant company”) is a service company that establishes and provides a network to deliver credit card information, payment approval, and settlement of sales slips to a credit card company or the National Tax Service so that it can perform the affairs such as credit card inquiries, payment settlement, etc. by delivering credit card, cash receipts, etc. of the franchise store to the credit card company or the National Tax Service. The Plaintiffs are shareholders holding 43,432 shares of the total number of outstanding shares of the instant company as shown in the attached Table out of 30,000,000 shares.

From October 4, 2012 to February 3, 2015, the Defendant served as the representative director of the instant company, and the J, from August 2004 to November 26, 2013, took overall charge of the designation and management of franchise stores and agents.

B. K Co., Ltd. (hereinafter “K”) is a management service provider that provides services, such as installation, maintenance, repair, etc. of equipment of a franchise store, in accordance with a service contract with a service company like the Plaintiff, in order to facilitate bareboat service and value-added service, as an bareboat agent.

J around February 201, K representative L, etc.: (a) when the instant company entered into a service contract with the Korea Nicesaw Co., Ltd. (hereinafter “Nicesaw”), it received solicitation to pay 4 won business fees per cash receipt approval case to K and assign a large number of convenience stores.

On February 23, 2011, the instant company entered into a credit card transaction approval and a license agreement for additional services (one-line service contract) with K on March 7, 201, and entered into a contract for entrustment of the management of K and its affiliated stores on March 7, 2011. In return for K to contribute to the conclusion of the bareboat service contract between K and the instant company, K shall pay to K four business agency fees for each case of the occurrence of the cash receipt approval transaction of the Stop for the contract period.

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