부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 82,206,350 and interest rate of KRW 15% per annum from July 7, 2016 to the day of complete payment.
1. Basic facts
A. On December 9, 2009, the Defendant entered into an agreement on the consignment of sales management (hereinafter “instant agreement”) with C (Co., Ltd.; hereinafter “Nonindicted Company”) on the following terms (hereinafter “instant agreement”).
The non-party company and the defendant shall enter into an agreement on D (the trade name before the change of the plaintiff) with respect to the management of manufacturing and selling synthetic resin pipe products as follows.
[Purpose] Article 1 [Purpose] In relation to the operation of the plaintiff operated by the non-party company, the defendant takes office as the representative director of the company and promotes sales activities on behalf of the company and creates profits from the company.
[Accounting] Article 6 [Accounting] The non-party company is responsible for processing in accordance with the General Accounting Law by analyzing the overall business budget and revenue and expenditure of the company.
Article 7 [Operational Funds] The plaintiff's operational funds from the date when this Convention was concluded and the defendant takes office as representative director shall be appropriated for the defendant.
At this time, the revenue and expenditure of the operating fund are dealt with in consultation with the non-party company.
Article 8 (Payment of Price) The non-party company shall pay the price for the defendant's sales activities and the management of the company as follows:
1. The consignment fee for the sales of products produced by the non-party company and the plaintiff in Seo-gu Incheon, Seo-gu and F shall be paid in accordance with the current fee payment standard for the non-party company
2. As to sales consignment agencies (e.g., mining owners and Jeonnam-do) managed by the defendant, the consultation fee shall be paid directly by the non-party company.
3. As to sales consignment agencies managed by the non-party company, the management authority shall be determined by the non-party company and the defendant in consultation.
Article 9 [Adjustment] The non-party company and the defendant shall settle the profits and losses of the plaintiff as of the end of December each year from December 30, 2009 to the end of this Convention.
On the basis of settlement of profits, the non-party company has 10% of the profits to the defendant.