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(영문) 서울동부지방법원 2016.10.26 2015가합3349
손해배상 등
Text

1. Of the counterclaim of the Defendant-Counterclaim Plaintiff, the prohibition of the Plaintiff (Counterclaim Defendant)’s business of beauty and beauty art business is against the execution officer.

Reasons

Basic Facts

From September 2012, the Plaintiff operated D stores located in the Ethical 3rd floor of the Ethical ethic Mai-gu, Young-si (a place in which the Ethic mastic mastic mastic mastic mastic Ma

Around July 31, 2013, the Plaintiff entered into a business comprehensive acquisition agreement and a payment agreement (hereinafter collectively referred to as the “instant contract”) with the content that the Plaintiff receives each of the rights and obligations with respect to the D stores from the Defendant as the purchase price of KRW 180 million (20 million for facility costs, KRW 150 million for rent, KRW 20 million for franchise, KRW 10 million for franchise, and KRW 10 million for the same day, KRW 50 million for the remainder as the down payment, KRW 130 million for the same day, KRW 130 million for the remainder as of August 7, 2013, and KRW 5 million for the value of separate cosmetics on August 7, 2013.

On August 7, 2013, the Plaintiff received KRW 180,000,000 from the purchase price of the instant contract, and entered into the E-Operation consulting contract (hereinafter “instant consulting contract”) with the Defendant in the name of G established by the Plaintiff, as follows:

Article 1 (Purpose) This Agreement is an agreement under which Gap (G-E) grants exclusive business rights to the E-Operation System which is owned by the monopoly in the Republic of Korea to the extent that the agreement is made by Eul, and the E- brand owned by Gap (G-E) and the right to use and promote a joint public relations.

Article 2 (Name of Indication of Shop: D: approximately 45 square meters: Defendant, Location: The term of this contract shall be one year from the date of conclusion of the contract under Article 3 (Contract Period) of the three-story mobile to the F of Yeongdeungpo-gu, Young-gu, Young-si. The term of this contract shall be one year.

§ 4 (Status in Contract) (1) The subject of the private enterprise operating a store shall be B (Defendant) and the lessee and the entrepreneur of the store shall be the name of B.

(2) A shall provide appropriate consulting services to B for the smooth operation of the store, and shall assist in the occupation, management, education, etc. of the branch office necessary to operate the business during the contract period, and in other employment, management, and education of employees.

Article 5 (Basic Rights and Obligations of A and B) (1) A shall be made to B.

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