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(영문) 서울고등법원 2015.07.02 2014나2020248

정산금 청구의 소

Text

1. Of the judgment of the court of first instance, KRW 34,369,258 against the Plaintiff and its related thereto from June 15, 2013 to July 2, 2015 to the Plaintiff.

Reasons

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic Facts" in the judgment of the court of first instance. Thus, it shall accept them in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Issues of the instant case

A. As to the amount of profits that the Defendant did not distribute to the Plaintiff and the amount of profits that the Defendant did not distribute to the Plaintiff according to the instant covering contract, and the Defendant’s obligation to compensate for damages relating to the instant covering contract, the Plaintiff asserts as indicated below, and the Defendant asserts as to the “Plaintiff’s Claim” as indicated below, and the Defendant asserts as indicated in the “Defendant’s Claim” column as set forth below.

The specific issues of the arguments relating to Nos. 1 through 10 are as follows:

(1) The Plaintiff and the Defendant organized the issues as above at the second date for pleading 2.1: (a) the amount of profit that the Defendant did not distribute to the Plaintiff (the order No. 1 to 10) and the Defendant’s liability to compensate for damages (the sales amount of KRW 5,00,000 under a contract with the Plaintiff Company as of June 7, 2012 x 0.4 x the ratio of profit distribution of KRW 4,000 (the sales amount of KRW 5,00,000 under a contract with the Plaintiff Company as of June 7, 2012 x 0.4 x the sales amount of KRW 10,000 (the sales amount of KRW 10,000,000,000 x 10,000 won under a contract with ELIS x 20,000 won (the ratio of profit distribution of KRW 40,000) under a contract with the Plaintiff Company as of July 20, 2004,0000.