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(영문) 서울남부지방법원 2018.11.09 2017가합113458
손해배상(기)
Text

1. The Defendant’s KRW 170,000,000 as well as 5% per annum from December 13, 2017 to November 9, 2018 to the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a person who engages in Lestop business, etc. in Chinese Madong branch. The Defendant was established on January 27, 2016 and run metal and plastic wood business using 3D freezers. C was appointed as the Defendant’s internal director from January 27, 2016, the date of establishment, and was appointed as the Defendant’s representative director on August 11, 2017, and D was appointed as the Defendant’s wife and as the Defendant’s auditor from January 27, 2016 to work as the head of office.

B. On August 2016, the Plaintiff asked the Defendant’s general market in China with respect to the business of producing and selling skin fish, and thereafter began to discuss the above C, D, and China’s general market around November 29, 2016.

C. On December 8, 2016, the Plaintiff entered into an overall sales agreement with the Defendant, and the key contents of which are as follows:

(이하 ‘이 사건 총판계약’이라 한다). ▣ 이 사건 총판계약 본 계약서는 본사 피고((주)B)와 원고(중국 전역 총판권(지사))에 대한 계약으로 한다.

The General Sales Board of China's discharged from active service shall pay a total of KRW 200,000,000 per day to its head office and shall be granted the following authority:

- The defendant shall establish a branch office in China and appoint the plaintiff as the representative director of the branch office.

- The Plaintiff is in charge of general affairs of Chinese branch offices, and is granted the authority to establish and operate the agency.

- The Defendant shall grant the Plaintiff the authority to establish an agency in Korea, and shall pay 20% of the opening facilities per established agency.

(m) - The Plaintiff may calculate the cost of opening an agency in line with the Chinese characteristics. At the time of opening an agency, the costs of opening the agency shall be allocated to the Plaintiff at 70%, and the Defendant shall be allocated to the Defendant at 30%, and the Defendant shall support the agency facilities and equipment designated

(Support within 30% of the expenses for the establishment of an agency). - The defendant shall subsidize 500,000 won per month to the plaintiff for a smooth establishment of an agency.

(a) contracts;

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