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(영문) 서울고등법원 2018.10.04 2018나2018922
손해배상
Text

1. The plaintiffs' appeals against the defendant are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport.

Reasons

1. The reasons for the acceptance and alteration of the judgment of the court of first instance are as follows, except where the following is added to the 6th page of the 111, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

As to the claim for penalty for violation of Article 16 subparag. 5 of the instant contract, Plaintiff A asserted that the instant contract was concluded on March 12, 2010, and that the instant contract was renewed at the expiration of the one-year contract or impliedly on March 12, 2013, and the Defendant notified the Defendant of his intent to terminate the contract around April 2012 while the contract remains in existence until March 12, 2013, and thus, the instant contract was terminated earlier, the said Defendant is obligated to pay the said Plaintiff penalty of KRW 20 million as stipulated under Article 16 subparag. 5 of the instant contract.

According to the evidence evidence Nos. 1, 4, and 10, Plaintiff A was liquidated on May 31, 201, and at least before March 2011, Plaintiff A may recognize that all of the management consulting and advisory and marketing advertising businesses related to “D Council members” were transferred to J Co., Ltd.

In light of these facts, it is insufficient to recognize that the Defendant unilaterally terminated the instant contract with the Plaintiff even though there is no cause attributable to the Plaintiff A solely by the fact that the Defendant established and operated the “E Council member”, and there is no other evidence to acknowledge it.

“”

2. The plaintiffs' claim against the defendant should be dismissed in entirety due to the lack of reasonable grounds.

The judgment of the first instance is just in conclusion, and the plaintiffs' appeal against the defendant is dismissed as it is without merit.

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