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(영문) 서울중앙지방법원 2017.05.26 2015가합529053

부당이득금

Text

1. Defendant D’s KRW 20,000,100 and interest rate of KRW 15% per annum from February 8, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation that runs the wholesale and retail business of agricultural and fishery products, while Plaintiff B is a representative director of the Plaintiff Company and operates the Plaintiff Company E’s personal business.

F is the husband of the defendant C, and the defendant D is the external agent of the defendant C.

B.1) Defendant D intended to assist the Plaintiff Company to deliver Samsung T&A, including the Plaintiff’s exercise of influence over the Samsung T&A’s representative in Samsung T&A, and introduced Defendant C. This commitment is completed and notarized as follows, to maximize the sales and profits of the Plaintiff Company and E, and to clarify the rights between the Plaintiff Company and the Defendant. The share ratio of Defendant C shall be 25%. The Plaintiff Company shall immediately change its shareholder list. 2. 3. The content of paragraph 1 shall be applied to Plaintiff Company E. The settlement of the shares of the Plaintiff Company on a monthly basis, and the Plaintiff Company shall set the estimated net profit of the Plaintiff Company as 10% from the date of each month to avoid the spread of net profit calculation, and shall pay the Plaintiff Company C’s share ratio as 10% on the last day of each month to the Plaintiff Company’s manager on the last day of February of the second year, and shall be 10% on the last day of the second year to the Plaintiff Company’s share settlement, including the Plaintiff Company’s net profit.