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(영문) 창원지방법원진주지원 2015.12.11 2015가단7523

부당이득금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 9,140,000 as well as the interest rate from August 25, 2015 to the day of full payment.

Reasons

1. Article 1 (Purpose of Recognition);

1. The Defendant Company supplies the products to the Plaintiff, and the Plaintiff sells the products as the total sales market of the Defendant Company.

Article 3 (Establishment of Total Markets) Rognam- Total Sales Area, Gwangju Metropolitan City, Jeonnam-North, and Jeonbuk-North: The representative of the area shall be the plaintiff.

1. The Defendant Company approves the following acts of selling products using the Defendant Company’s trade name to the Plaintiff.

2. The total amount of the cost of opening a market shall be 50,000,000 won (excluding value-added tax), and 30,000,000 won among them shall be the goods unit and other 20,000,000 won local total sales deposit;

The plaintiff's total amount of the total amount of the purchase cost is paid in full to the account designated by the defendant company and the total purchase contract takes effect.

3. In the case of goods that the plaintiff does not want, the defendant company may not compel the defendant company to do so except for the original goods.

Article 4 (Effect and Effective Term of Contract)

1. This Agreement shall enter into force simultaneously with the full payment of the total cost of the establishment of the marketing.

2. The contract period shall begin at the same time as the deposit and shall be two years from the date of the deposit.

3. In the event that the Plaintiff waives his/her business rights due to unavoidable circumstances, the Defendant Company shall pay the Plaintiff deposits and all the proceeds of the goods to the third party, and after the completion of the new sales contract with the third party and the completion of the acquisition of the goods, the Defendant Company shall refund the said proceeds to the Plaintiff.

Provided, That the original goods (30,000,000) shall not be returned.

On September 17, 2014, the Plaintiff entered into a regional total sales contract with Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”) with the following terms and conditions as the chairperson of Defendant C, who is a substantial operator:

(hereinafter “instant contract”). B.

The Plaintiff paid KRW 45,00,000 to the Defendant Company as a general equipment in relation to the instant contract.

C. By January 11, 2005, the Defendant Company supplied the Plaintiff with goods equivalent to KRW 52,292,00 (value 2,972,00 value-added tax of KRW 49,320,00 for goods).