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(영문) 서울중앙지방법원 2018.08.24 2017가합535694

부당이득금

Text

1. The Defendant’s KRW 49,853,344 to the Plaintiffs, as well as KRW 6% per annum from July 13, 2017 to August 24, 2018, and thereafter.

Reasons

(a) cooperate with each other, by making maximum use of this information, with respect to the following:

1. Planning and development of products for each J-Sin PPP;

2. Production and production management of J samples;

3. J home shopping business.

4. J marina and department stores, and other K (Compilation stores);

5. Publicity of J projects and other necessary public relations and planning;

6. Market surveys;

7. Research and study for feasibility review of J-related new projects;

8. Other matters necessary for the connection and cooperation of the work (Methods of conducting the work). (3) All expenses incurred in the performance of the work under partnership shall be borne in accordance with the agreement between the parties A.

(4) “A” shall pay 1.5 million won (including VAT) to “B” on the 15th of each month, and “B” shall issue a tax invoice on the 10th of each month to “A”.

J The cost of production and production carried out in the product planning and development shall be borne by “A”.

(5) “A” shall pay “B” 15% of the J operating income.

*Business profits = Sales - Total production cost - Sales cost

C. Since then, H and the Plaintiffs changed the operating income paid to E on October 4, 2012 to 60%, and ② when E receives a tax invoice after ordering the original unit in the process of manufacturing products, H paid 20% of the ordering amount to E with advance payment within 10 days from H and the remainder 80% of the ordering amount to the extent that the total production cost is recovered, and paid in cash for the month when the Home shopping company receives the total production cost. ③ Additional materials and processing costs (including customs clearance costs) are borne by H and ④ The amount exceeding the agreed total production cost is borne by E and entered into an additional agreement to modify the contents of the agreement on business alliance.

Article 2 (Contents of Partnership) The term “A” (Defendant) shall, in developing brand projects to J with the right to license, cooperate with “B (E)” on the following matters:

1. Planning and sale of products for each Si/Gun/Gu area;

2. Home shopping, department stores, specialty stores, etc.