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(영문) 대전고등법원 2017.11.30 2015나15397
손해배상 등
Text

1. Of the part against the plaintiff in the judgment of the court of first instance, the part ordering payment is revoked next to that.

The defendants are the defendants.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire arguments in the testimony of Gap's 1 to 3, Eul's 1 to 3 (if any, including any number), the witness of the first instance and the appellate court, J, and E.

Defendant B (hereinafter “Defendant Company”) is a company that engages in wholesale and retail business of telecommunications equipment.

Defendant C actually operated the Defendant Company as the husband of the inside director D of the Defendant Company and the auditor of the Defendant Company.

B. From around 2009, E operated a mobile phone store (hereinafter “instant store”) with the trade name “H” by leasing subparagraph 1 of Daejeon E from F. The Plaintiff was an employee.

C. On July 2012, E transferred the right of lease and goodwill concerning the instant store to the Defendant Company with the consent of the lessor.

On August 1, 2012, the Defendant Company entered into the following contracts (hereinafter “the first contract”) with the Plaintiff with the consent of the lessor, and the Plaintiff operated the instant store in the name of “I” from that time.

[Attachment 1] Co., Ltd. of the First Agreement (No. 1) states “B representative director D/actual manager C, which is the full-time director of the Plaintiff,” and affix the above Defendant’s personal seal on the side of the Defendant C’s name, and the seal of the Defendant’s company is not affixed. However, the Defendants did not pay KRW 150 million in deposit, facility cost, and key money of KRW 130 million in entering into a key contract on the instant store, instead of paying KRW 6 million per month (hereinafter “monthly payment”).

A) The Defendant Company shall pay the instant store to the Defendant Company, and the monthly rent of KRW 1,250,000 shall be borne by the Defendant Company. Where the Plaintiff’s monthly mobile phone sales amount falls short of KRW 80,000 per unit (hereinafter “the target deduction amount”).

shall be deducted from the settlement of accounts with the defendant company.

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