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(영문) 서울서부지방법원 2016.01.13 2015가단16487

구상금

Text

1. Defendant C’s KRW 37,00,000 and interest rate of KRW 15% per annum from July 23, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of transferring and acquiring business bonds, chain stores and franchise business, franchise counseling, store brokerage and sales, and consulting business related to start-up. Employees are organized into several teams (business units) under the management of the team leader, and the company pays a certain rate out of the operating profits generated from the team and distributes the remainder to the company within the team, and operates in a manner that does not pay wages, except for the performance rates distributed to the employees as above.

B. Defendant B was the team leader who is affiliated with the Plaintiff and operated the team, and Defendant C was the team leader of Defendant B.

Defendant D was the team leader who is affiliated with the Plaintiff and operated a separate team, and Defendant E was the team leader of Defendant D.

C. Around February 2010, the victim F reported the Plaintiff’s Internet homepage and called the Plaintiff’s office to request Defendant E to mediate the business takeover of the store. Defendant E attempted to mediate a single store but failed.

On the other hand, this study suggested that Defendant C will secure the investment principal and pay the consignment management fee each month in a fixed manner by acquiring the business rights of the main store (D) located in 105 of the G Building at Sin interest.

On February 8, 2010, F acquired the business rights of the above main points from Defendant C (Defendant B’s agent) by transfer from Defendant C, the main agent, 50 million won (i.e., premium of KRW 40 million, lease deposit of KRW 10 million), and entrusted Defendant C with the management of the above restaurant on February 10, 2010, and at the time, Defendant C agreed to pay F the commission management fee of KRW 3 million per month to F and divide the transfer margin by half. < Amended by Presidential Decree No. 22035, Sep. 30, 2010; Presidential Decree No. 22347, Feb. 10, 2010>

At this time, F paid a total of KRW 50 million to the above business takeover amount at the request of Defendant C, and 40 million among them was paid to I.