부당이득금
1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) KRW 164,918,303; and (b) from February 28, 2017 to January 17, 2019.
1. Basic facts
A. On December 1, 2013, the Plaintiff, who engages in the restaurant franchise business under the Plaintiff’s trade name “E”, concluded a “logistics agreement” with Defendant C and D, and granted the Plaintiff’s franchise store the right to supply food materials. The term of the contract was two years, and one-year automatic extension was decided to extend the term if one-way rejection notice was not given 30 days prior to the expiration of the contract term. (2) Defendant C and D continued to establish the Defendant Company (Defendant D representative director and Defendant C director) and supply food materials on February 4, 2015, and concluded a “transaction agreement” with the Defendant Company (hereinafter “F”) and the distribution agent on June 10, 2015.
(hereinafter “logistics Contract”). The term of the contract is one year, and one-year automatic extension is to be made if there is no notification of one party’s refusal to renew.
3 A brief explanation of the transaction structure of the Plaintiff, the Plaintiff’s member shop, the Defendant Company, and F is as follows:
The plaintiff, the defendant company, the defendant company, and the plaintiff's franchise store.
1. Selection and purchase of goods to be supplied by the defendant company to the plaintiff's franchise store in fishery products business entities;
2. To sell from F fishery products purchased by the Defendant Company to F the amount that the Defendant Company purchased again from F as is, and to sell some of the profits to F;
F Delivery at the request of the Plaintiff’s member store while keeping goods in custody by fishery products companies
3. Making payments from chain stores to F for fishery products;
4. F shall settle accounts with the defendant company with the exception of eight percent commissions to be acquired under the pretext of transportation charges, etc.
5. The defendant company paid royalties to the plaintiff
B. 1) The Plaintiff and the Defendant Company are to be merged for the efficient performance of their duties, and the document stating that “A-B merger content” was arranged on November 17, 2015 (hereinafter “A-B merger content arrangement document”).
was drawn up.
The main contents are as follows:
15117 A-B Adjustment of the Contents of Merger.
1. - The strengthening of organizational capacity, the division of work to maximize efficiency - the head office.