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(영문) 울산지방법원 2017.08.23 2017나20791

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 2016, the Defendant entered into a contract of transfer with D of the content that the Culsan Points located in Ulsan Jung-gu E is transferred to D, which is a person operating a car page with the trade name of “C”.

B. After concluding the above transfer contract, the Defendant: (a) provided D’s friendship Plaintiff with education on the method of manufacturing goods and customer management according to the said transfer contract; and (b) entered into an unpaid education agreement (hereinafter “instant agreement”) between the Plaintiff and the Plaintiff.

C. The content of the instant agreement is as follows.

The Defendant provided education to the Plaintiff on all the matters concerning the production of Makabal Babal cream, and on all the details of the production of Mabal Mabal Mabal Mab

The plaintiff shall not receive the confidential lechere of all but shall not divulge any confidential information concerning the terms and conditions of the contract, as well as any confidential information concerning the contract, without the consent of the defendant.

(A) Although receiving more education than the promised time, it is difficult to understand the part of the curriculum (such as the creation of a Roman, maculbing) even if having received education, the Defendant’s consent to the pop-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-out-

(Plaintiff)

Above 9.6

9. up to 18. It is to be paid 15% of the total sales excluding the amount of taxes on department stores.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The summary of the cause of the claim 1 The Defendant, as if he were to conduct education under the above transfer contract, concluded the instant agreement by deceiving the Plaintiff, and entered into the same year from August 24, 2016.

9. Until December 12, 99, the Plaintiff’s work was offered.

Therefore, the defendant is obligated to pay the plaintiff the amount of 1,281,060 won equivalent to the above working period as compensation for damages caused by the tort.

2. The instant agreement is null and void as it violates Article 104 of the Civil Act.

참조조문