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(영문) 광주지방법원 2018.10.24 2018나53824
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person operating the beauty art room in Gwangju Mine-gu (hereinafter “instant beauty art room”); and the Defendant is a person who has served as a beauty artist in the instant beauty art room from July 2015 to July 12, 2017.

B. On July 10, 2015, the Plaintiff entered into a “free occupational income business entity agreement” and “trade secret maintenance agreement” with the Defendant as follows:

The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) shall enter into a contract with a free occupation income earner as follows:

This Agreement shall replace all the agreements agreed upon in writing or orally between "A" and "B".

Article 1 (Status and Roles of Contracting Body) “A” and “B” respectively are independent and equal business entities, and “B” provide beauty service to customers of “A”, and “A” shall provide brands, places, and ancillary facilities necessary for providing beauty service to “B”.

Article 4 (Settlement of Income and Tax Withholding by Free Income Earner) ① “A” means that “B” establishes the amount of profits earned from the provision of beauty art services by the end of January of each month, and then calculates the fee based on the fee rate table under Article 4, and if “B” confirms the details of the settlement, it shall be deemed that “B” establishes the fee income by the 10th of the following month, and in the absence

(4) “B” shall agree to deduct the expenses notified in the store, such as the purchase cost of the materials for personal use, the pharmaceutical expenses used in the course of the service of the Creamble customer, the amount deducted from the return of the prepaid license, and the educational expenses, from the settlement of income of the fee.

Article 7 (Duties of “B”) (1) “B” shall carry out the business and prohibit the disclosure of the acquired trade secrets during the contract period as well as the external disclosure even after the contract is terminated.

Article 8 (Indemnification) (2) "B" after the termination of this Agreement shall be referred to as "A".

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