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(영문) 대전지방법원 2014.10.30 2014가합1687
업무방해금지
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Plaintiff) on 133,319.

Reasons

1. Basic facts

A. The status of the parties is a corporation established for the purpose of food distribution business and wholesale and retail business, and the defendant is a corporation established for the purpose of consultation on business start-up related to food service and engaged in the food service franchise store business in the name of "multi-village".

B. On July 30, 2013, the Plaintiff entered into a national logistics total sales contract (hereinafter “instant total sales contract”) with the content that the Defendant and the Defendant would supply food materials, etc. that the Defendant would have to supply to the stores of “Damak Village”) to the Plaintiff and supply them (hereinafter “instant sales contract”).

(2) Upon entering into a contract, the Plaintiff agreed to pay to the Defendant an amount equivalent to 50 million won out of the monthly sales generated by the Plaintiff’s supply of goods to each member shop as a bounty by the 20th day of the following month. (2) On the other hand, as a consideration for the Plaintiff’s acquisition of the general distribution right to the nationwide member shop, a total of KRW 20 million shall be paid to the Defendant under the pretext of the premium, and KRW 30 million out of the Plaintiff’s intracorporate director B (the actual operator of the Plaintiff company) shall not receive KRW 30 million from the Defendant in return for attracting various village points, in lieu of the payment, the remaining KRW 20 million shall be paid on October 1, 2013, and the monthly sales in the pretext of part payment shall be paid to the Defendant at the time when the monthly sales in the name of the Plaintiff reach KRW 250 million, and the remaining KRW 50 million shall be paid to the Defendant at the time of the Plaintiff’s monthly sales in the name of part payment.

Article 2 (Performance of Business) The plaintiff shall carry out the following activities on behalf of the defendant in carrying out the overall business of logistics of the defendant:

1. The plaintiff entrusted management ① The products kept by the defendant shall be delivered accurately and promptly in accordance with the defendant's order of delivery.

(2) The plaintiff shall prepare an appropriate storage place according to the product characteristics and quantities of the goods to be kept by the defendant.

(3)

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