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(영문) 서울중앙지방법원 2021.03.18 2020가단5065469
부당이득금
Text

The defendant shall pay to the plaintiff 6,151,081 won and 12% per annum from July 4, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of providing similar investment advisory services, Internet advertising agency services, etc., and the Defendant is a person who, from November 16, 2017 to June 30, 2018, performs duties, such as fee-charging membership recruitment, as the Defendant’s telecomter (TM).

B. 1) On November 16, 2017, the Plaintiff and the Defendant: (a) provided a free member with information on stock investment, etc. by phone call to a free member; and (b) provided the Plaintiff with information on stock investment, etc.; and (c) provided the Plaintiff’s fee member with information on the Plaintiff’s fee-charging member by phone calls to the free member with the Plaintiff’s recruitment of free member; and (b) provided the Plaintiff’s fee-charging member.

An entrustment contract (hereinafter “instant contract”) was concluded, and the details thereof are as follows:

A: Defendant A and Plaintiff B: Article 2 [Period of Entrustment Contract] ① The period of entrustment of business shall be from November 16, 2017 to November 15, 2019.

(2) The entrustment contract of this business shall be automatically terminated upon the expiration of the period under paragraph (1).

Article 3 [Voluntary Performance] (1) Eul shall faithfully perform the terms and conditions of this entrustment agreement and the entrusted duties specified by Gap, and shall endeavor to create business performance in good faith.

(2) B is a free vocational income earner who provides his/her services independently and receives his/her service costs, and is not a worker governed by the Labor Standards Act.

(3) A shall exclude unnecessary involvement in performing his/her duties and guarantee the autonomous performance of his/her duties by delegating methods of performing his/her duties to the discretion of B.

Article 7 [Methods of Payment of Remuneration] ① The remuneration for entrusted services shall be 10% of the proceeds derived from deducting all other expenses incurred in the management of the product contract proceeds sold by B through entrusted services by B (other than value added tax, 5,000 won per unit, excluding card fees, 3.3% of income tax) from the proceeds of the contract for goods sold by B through entrusted services.

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