부당이득금
1. The defendant is against the plaintiff in the case of compulsory auction of real estate C by Seoul Western District Court.
1. Facts of recognition;
A. The Plaintiff is an internal director of D Co., Ltd. (hereinafter referred to as the Plaintiff Co., Ltd.) and the Defendant is an internal director of E Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”).
B. The Plaintiff Company decided to accept the G Center’s operating right, which is an agent of the KSV Ban, operated by the Defendant Company. During the business period of the Defendant Company, the Plaintiff Company: (a) was subject to the transfer of the business management fee for the subscribers (for the subscribers recruited by the agency, the fee is paid at a certain ratio of the communications fee for 36 months); (b) the Plaintiff Company paid or lent the sales management fee to be transferred to the Defendant Company in advance; and (c) accordingly, on February 6, 2014, an agreement was made between the Defendant Company and the Defendant Company on the operating right and the sales management fee (hereinafter the instant agreement).
The main contents thereof are as follows:
- In transferring the right to operate the Defendant Company’s Skbrid G Center and the business management fees of the Defendant Company (the business portion up to September 2013) to the Plaintiff Company, the following provisions shall govern:
- The Plaintiff Company shall pay KRW 150,000,000 to the Defendant Company for operating rights.
(2) STUUDDIT. - The Defendant Company has already received 506,00,000 won from the Plaintiff Company for transfer of business management fees.
(Paragraph 3) - The Defendant Company shall borrow from the Plaintiff Company the amount of KRW 65,00,000 on February 6, 2014
(Paragraph 4) - On January 29, 2014, the Plaintiff Company paid 82,700,000 won as employee’s wages of the Defendant Company in advance.
(5) See Paragraph 5. - The Plaintiff Company paid employee benefits in advance on February 10, 2014 and March 10, 2014, and received fees from the Defendant Company from the Defendant Company (Paragraph 6). - The Plaintiff Company may cause error in the fees that the Plaintiff Company received from the Defendant Company and received from the SKB World, and the fees that the Plaintiff Company received from the SKB World, and the fees that the Plaintiff Company received from the 82,700,000 won, and the allowances that it paid in advance under Paragraph 5, paragraph 6, and if the fees that it received are insufficient, the Plaintiff Company may cause error to the Defendant Company.