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(영문) 서울중앙지방법원 2018.08.10 2017나45843

편취금반환

Text

1. The judgment of the court of first instance is modified as follows.

Defendant KRW 20,000,000 for Plaintiff B and KRW 30,000 for Plaintiff D.

Reasons

1. Basic facts

A. The Defendant is a cooperative established for the purpose of the after-school project, the care classroom project, the education, training, and the provision of information.

B. On April 6, 2015, Plaintiff B entered into an agreement on the operation of a metropolitan office with the content that: (a) Plaintiff B becomes the head of the office of the above regional headquarters and operates the metropolitan office at his/her own responsibility and expense; and (b) paid KRW 20 million as the agreed support payment to the Defendant; and (c) the Defendant paid KRW 20 million to the Plaintiff 20,000,000,000,000 for the monthly business fees received from the branch offices within the above regional headquarters’s jurisdiction; and (d) the Defendant paid KRW 20,000,000 to the Defendant for support payment.

C. On July 16, 2015, Plaintiff D entered into a contract for the operation of a metropolitan office (hereinafter collectively referred to as “contract for the operation of each of the respective metropolitan offices of this case”) with the content that Plaintiff D would become the head of the headquarters of the above regional headquarters and operate the metropolitan office at his/her own responsibility and expense, and that the Defendant would pay KRW 30 million as annual support payments to the Defendant, while the Defendant would pay KRW 60,000,000,000,000 to the Defendant for the monthly business use fees received from the branch offices in the above regional headquarters jurisdiction (hereinafter referred to as “each of the above metropolitan offices of this case”), and paid KRW 30,000,000 annually to the Defendant.

Since then, the plaintiff D and the defendant changed the headquarters subject to the above contract into the defendant's headquarters in North Korea of the game, and accordingly, the jurisdiction was also changed to the Socheon-gun, Pju, Goyang, Goyang, and Kimpo.

Plaintiff

F The Defendant on June 29, 2015.