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(영문) 수원지방법원 2015.09.11 2014가단49278
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 2012, the Plaintiff and the Defendants, patent attorneys, opened and operated a trademark application agency site called D (Dmer address: E, representative telephone number: F).

B. The Plaintiff managed the D website and received a request for trademark application amounting to KRW 100,000,000 from the fees. The Defendants, patent attorneys, were engaged in the trademark application business, and the Plaintiff was divided into 50% of the profits derived from deducting all the expenses from the final fees and 25% of the Defendants respectively.

However, in preparation for the possibility of the occurrence of undetermined costs in the future, the base reserve around August 2013 (hereinafter “instant reserve”) resulted in the accumulation of KRW 3 million from the Plaintiff’s profit, and KRW 6 million from the Defendants’ profit each month by accumulating KRW 1,500,000 per month.

C. On August 28, 2013, the Plaintiff and the Defendants agreed (hereinafter “instant agreement”) as follows.

1 - Resignation

8. 30. 2) Assets - Cases filed for opening a business before another office: Transfer 】 Payment of funds 】 (b) Payment of funds 】 Refund (Additional Tax) 1/22) of the account of expenses (tax invoices 270,000 won (tax invoices) (tax invoices 2.7 million won). (3) Payment of the Additional Tax in August (amount 1/2). (5) Payment of the refund (amount 1/2): Employees of the computer monitor: 5 days before the 20: 5 days before the 12th: 5 days after the 12th: 5: 5 days after the 5: 5.5 days after the 12th: (e) the head of the team (Plaintiff) when the profit distribution occurs.

D. After the agreement of this case, D sites were operated by the Plaintiff, and the Defendants performed duties for the clients that were accepted through D sites as they were.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 21, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, while jointly operating the Plaintiff’s website with the Defendants, accumulated KRW 6 million each month in order to prepare for subsequent business progress, thereby resulting in the instant reserve amounting to KRW 60 million.

However, there is a problem.

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