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(영문) 서울중앙지방법원 2015.12.24 2014나18413
부당이득금
Text

1. Upon the claim changed in exchange at the trial, the Plaintiff, Defendant B, Defendant C, and Defendant C, 12,680.

Reasons

1. Basic facts

A. The Plaintiff Company engaged in import-sale business, such as KON, Scarf, and bags, concluded a special contract on purchase of department stores with companies that operate department stores, including GON, department stores, and new global department stores, to purchase goods imported by the Plaintiff Company on credit, sell such goods in the department stores operated by the Plaintiff Company, and pay the Plaintiff Company the remainder after deducting the commission from the sales revenue, while concluding the “special contract on purchase of department stores” with the Plaintiff Company to dispatch the manpower to the Plaintiff Company.

B. Defendant B entered the Plaintiff Company on September 1, 2004 and the above A.

On September 1, 2005, while serving as a salesperson dispatched to a department store pursuant to the same agreement as described in Paragraph (1), Defendant B entered into a sales service contract between the Plaintiff Company and the Plaintiff Company to sell the Plaintiff Company’s products and receive sales service fees at a certain rate of monthly sales amount. While continuing to perform the duties from the department store as a salesperson, the sales service contract was terminated on March 31, 2013.

C. Defendant C and D concluded the above service agreement with the Plaintiff Company on September 1, 2005, and Defendant E concluded the above service agreement on September 1, 2006, and Defendant C and C terminated their sales activities on August 31, 2012, Defendant C and Defendant D completed the sales activities on December 31, 2009, and September 30, 2010, respectively.

around April 2012, Defendant B filed a petition for the payment of retirement allowances of the Plaintiff Company against F, who is the representative director of each Plaintiff company, with the Seoul Regional Employment and Labor Agency (hereinafter the same shall apply) on or around October 15, 2012, Defendant C, to the Seoul Regional Employment and Labor Agency, and Defendant D and E to the Gangnam Regional Employment and Labor Agency (hereinafter the same) on or around October 26, 2012, respectively. The Plaintiff Company filed a petition for the payment of retirement allowances of the Plaintiff Company against the Defendant B on or around October 15, 2012 under the corrective order of each of the above Korea Labor Agency. The Plaintiff Company filed a petition for the payment of retirement allowances of the Plaintiff Company against the Defendant B (the amount after deducting income tax, etc.; hereinafter the same shall apply) on or around June 15, 2012, with Defendant C, as retirement allowances of 12,680,000 won, and Defendant D’s retirement allowances of 14, 2012

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