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(영문) 수원지방법원 2016.07.27 2016가단7278

부당이득금 및 대여금

Text

1. The Defendant’s KRW 9,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 26, 2016 to July 27, 2016.

Reasons

1. Basic facts

A. On October 1, 2009, the Plaintiff, the Defendant, C, and D entered into a partnership agreement to jointly operate “F” as a business chain that processes and packages agricultural and fishery products in the wife population E, and supplies them to golf clubs, etc.

B. On September 9, 2010, the Defendant entered into a termination contract with the Plaintiff, C, and D on the same trade contract (hereinafter “instant termination contract”). Accordingly, the Defendant, instead of comprehensively transferring assets and liabilities related to the joint business at the time of the termination to the Plaintiff, C, and D, was paid KRW 40 million as a consideration for such transfer, until December 31, 2010.

C. The Defendant, from September 9, 2010, worked as F’s employee from around September 9, 2010 when entering into the instant partnership agreement, continued to manage F’s business partners as before entering into the instant partnership agreement, and to raise F’s actual sales by doing business.

On December 201, the Plaintiff, the Defendant, and C entered into a sub-presidential contract (hereinafter “the sub-presidential contract”) with the following terms and conditions as the sub-presidential contract.

To maximize F’s business efficiency and efficiency, an agreement on work shall be concluded as follows with a view to operating as an independent operating system:

1. F (1) G, H, I, J, K, L, M (e.g., per month to 7,80,000 won per month, including one employee per vehicle), 14,500,000 won self-investment cost 150,000 won per month;

2. F (2) N,O, P, Q, R, S, T (for example, including one employee per month to 5,60,000 won and one vehicle) 14,500,000 won self-investment cost, 50,000 won;

3. F (3) U, V, W, X, Y, Z (e.g. monthly sales: 3,35,000,000 won) 14,50,000 won per month, and no premium exists;

4.F(4) AA and AB (e.g., KRW 25 million) - 15 million (A) F(1) A, the President of the National Assembly, F(2), the President of the National Assembly, F(3), the President of the National Assembly, under the contract of the President of the National Assembly, shall have a business right in accordance with the business performance of the National Assembly, permanently reverted to the National Assembly.

A person shall be appointed.

(e) C shall be subject to this.