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(영문) 수원지방법원 성남지원 2018.03.13 2016가단219418
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B: (a) with respect to KRW 39,96,380 and KRW 29,827,00 among them, from March 31, 2016; and (b) the remainder 10,169.

Reasons

1. Basic facts

A. On April 1, 2014, the Plaintiff entered into a sales delegation agreement with Defendant B on the sale of cosmetics (hereinafter “instant sales delegation agreement”) and entered into an exclusive implementation agreement (hereinafter “instant exclusive implementation agreement”). The gist of the agreement is as follows.

The above "A (the plaintiff, the same shall apply hereinafter)" and "B (the defendant B; the same shall apply hereinafter)" of the exclusive performance agreement shall be exclusively agreed upon in support of subsidies and support materials for business activities as follows:

- sound - Article 1 Director-General entry condition 1) A shall pay 3 million won of the product to B, regardless of its performance, on a one-time basis, regardless of its performance. 2) A shall pay 50 million won of the initial settlement subsidy to B during the business contract month.

3) A shall assist B with 1 million won of promotional products or sampling between the initial 12 months, and, if Party A’s amount in the piracy policy exceeds one million won, Party A shall be paid in excess of the amount exceeding one million won. Article 3 Section 3 Section 4 of the Work Period and the method of compensating for penalty for breach of contract is not less than three years, which is the agreed work period, and at the time of cancellation and class demotion, Party A shall be compensated as follows:

② B. Around April 2014, Defendant B borrowed interest rate of KRW 9% per annum from the Plaintiff and KRW 20 million on January 23, 2017, and guaranteed by Plaintiff D. As of the end of December 2016, the loan balance is KRW 10,169,380. (c) Defendant B agreed to use the name of Defendant C in relation to the instant sales delegation agreement with the Plaintiff around June 2014. Defendant C agreed to use the Plaintiff’s name in relation to the instant sales delegation agreement with the Plaintiff, as follows.

(A) The receipt of the certificate of use under another person's name: The address of the representative director E: the reason for the transfer of the F in the Young-gu, Suwon-do: the person himself (C) in the name of the person in charge of the personal situation (as set forth above).

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