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(영문) 서울서부지방법원 2018.06.28 2017가합36314
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 207,684,562 to the Plaintiff (Counterclaim Defendant) and its related amount from August 22, 2017 to June 28, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Based on the facts, the Plaintiff is a business entity that runs franchise business, from around 2014, a franchisor with trade name and business marks, “C,” “large-sized infant-related (other than education), and “indoor Motor Vehicle-related, indoor motor vehicle-related,” and a franchisee, using his/her own trademark, business marks, etc., enjoying play using electric vehicles and enjoying a culture of physical traffic safety by using his/her own trademark, business marks, etc. to provide children with the so-called “Racing motor vehicle-related,” in which children enjoy the culture of physical traffic safety.

(C) On May 23, 2017, the Plaintiff’s franchise business (hereinafter “C”), and franchisees (hereinafter “C”). On May 23, 2017, the Plaintiff established D Co., Ltd., a franchise consulting business, indoor interior interior interior interior decoration construction business, etc.

E/F is a person who has served in C.

On March 3, 2017, the Defendant: (a) obtained the qualification of a building engineer, etc.; and (b) established H Co., Ltd. (hereinafter “H”) for the purpose of the business, such as the KIKO consulting business, franchise business, etc. with the trade name of “G”.

In early 2017, F recommended the Plaintiff to be the Defendant as C’s interior work company, such as the contract for the Plaintiff and the Defendant’s conclusion of the cooperation contract.

On March 8, 2017, the Plaintiff entered into a contract under which the interior works between the Defendant and I points for construction cost of KRW 69 million (excluding value-added tax) and the period from March 10, 2017 to April 13, 2017 (hereinafter “instant contract”) and entered into a cooperation agreement to implement the following (hereinafter “instant contract”).

(hereinafter referred to as the “instant cooperative agreement”). Of them, Article 5 of the Agreement on the Maintenance of Confidentiality is referred to as the “Agreement”). Article 1 (Contents of the Agreement)

1. This Agreement shall be between the two companies, subject to the implementation of the interior works in connection with the Malaysia franchise project developed by “A” (Plaintiff).

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