부당이득금반환
1. The Defendant’s KRW 3,301,313 as well as the Plaintiff’s annual rate of KRW 5% from December 6, 2016 to July 13, 2018.
1. The facts following the facts do not conflict between the parties, or are recognized in full view of the purport of the entire pleadings in the entries in Gap evidence 1 and 2.
A. The Defendant is a company that manufactures the clothes for industrial use, such as the trademark “C” (hereinafter “instant clothes”).
The Plaintiff entered into an agency contract with the Defendant for the sale of the instant clothing and operated the “C Namyang-ju Agency”.
B. The plaintiff and the defendant's above A.
Under the agency contract in Paragraph 1, the Defendant supplied the Plaintiff with the product, and the Plaintiff sells the product, and paid an amount of 36% for the product sold at the arm’s length price with the sales closing commission, 33% for the product sold at the price of 30%, 30% for the product sold at the price of 50%, and 31% for the product. The specific method of payment determined that if the Plaintiff entered the product into the Defendant’s head office computer network, the remainder of the restriction on the sales closing fee for the product sold is automatically calculated, and that the Plaintiff remitted this to the Defendant.
(hereinafter referred to as “previous agency contract”). (c)
After the conclusion of the previous agency contract, the defendant attached to the goods the price of the instant clothing, plus 30% of the original estimated price, attached to the goods, and sold at 30% of the attached price, and implemented the so-called "business text policy" to enable customers to feel a large discount.
As of June 1, 2013, the Plaintiff and the Defendant entered into an agency contract that changes the previous margin rate of sales-related commission to 36% for the sales-related product, 35% for the sales-related product, 50% for the sales-related product, 33% for the products, and 30% for the products with uniformity to 30% for the products (hereinafter “current margin rate”).
(hereinafter referred to as "current agency contract"). 2. The parties concerned.