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(영문) 서울중앙지방법원 2016.03.31 2015가합527507

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. The status of the parties is that the Plaintiff is a company operating the manufacture and sale business such as ginseng and red ginseng, the Defendant company is a company operating food and franchise business, the Defendant C was a representative director of the Defendant company from December 21, 2005 to March 31, 201, and the Defendant D was a major shareholder and director of the Defendant company.

B. On October 20, 2009, the Plaintiff and the Defendant Company entered into a consignment contract (the first contract) with the Plaintiff and the Defendant Company on October 20, 2009, the term “the content that the Defendant Company will sell red ginseng-related products produced by the Plaintiff to the Defendant Company monopoly by using the Defendant Company’s “E brand” and pay royalties, consulting fees, and consignment fees to the Defendant Company” (hereinafter “first contract”).

The main parts of the terms of the first contract are as follows:

[Provided, That the latter part of Article 2(3) (which set the time for installment payment of KRW 5 billion) is amended by the revised agreement on October 21, 2009] Article 2(1) of the same Act (the Plaintiff’s right and duty) provides that the Defendant Company shall pay to the Defendant Company the sum of KRW 1.5 billion in return for using the “E” brand (referring to red ginseng-related products) holding the trademark right to the contract products, KRW 1.5 billion in return for the entry into Japan’s contract products, market research, product type and design development, and contract with the distributor of Japan, KRW 2.5 billion in advance payment of consignment fees, KRW 2.5 billion in advance payment of consignment fees (excluding value-added tax).

The due date shall be 454,545,455 won on the date of this contract, and 1,818,181,817 won on November 13, 2009, and 2,727,272,728 won on March 26, 2010.

Article 3 (Rights and Obligations of Defendant Company) The Defendant Company is not able to enter into any contract similar to that of the Contract with the Company in competition with the Contract during the contract period.

The Defendant Company, in cooperation with the Plaintiff, sells a contract product of at least ten billion won per year during the term of this contract.