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(영문) 서울중앙지방법원 2016.11.30 2014가단5180954
손해배상(기)
Text

1. The Defendant amounting to KRW 15 million to the Plaintiff and the Plaintiff’s annual rate from September 20, 2014 to September 7, 2016.

Reasons

Facts of recognition

The Defendant, from around 209 to January 2012, operated “C” stores that sell the Plaintiff’s product from around 2009 to around 2012, while managing approximately 30 to 40 agents incorporated under the Plaintiff’s standing director’s position and managing approximately 35% of the agency’s gross sales as “management expenses allowance”, and received 3% of the gross sales as “spacks allowance.”

The plaintiff supplied the product directly to the agency when the order was issued from the agency under the defendant's jurisdiction, and the defendant first received the price from the agency and paid the remainder after deducting 35% of the "management expenses allowance" from the agency, and the tax invoice was operated in the form of issuance for the remainder of the amount deducted from the management expenses.

However, the Plaintiff paid the Defendant every month.

In the course of the tax investigation, the Plaintiff received a warning that issuing a tax invoice only for the amount that deducts the payment for management expenses from the payment for management expenses in the process of the tax investigation constitutes omission of sales. From August 2013 to August 2013, the Plaintiff made the Internet order system and received orders from the direct agency and received the payment from the direct agency, and paid the Defendant and other standing directors

Accordingly, the standing directors such as the defendant have a complaint against the plaintiff.

The Defendant stated against affiliated agents that “D cooperatives only handle eco-friendly cosmetics that do not have any harmful content in the D cooperatives, and resolve the problem of the certificate of a beauty artist in the D cooperatives.” The Defendant started to conduct such activities as advertising eco-friendly cosmetics that are not the Plaintiff products in the old room, and tried to continue to maintain the existing management system for the agents under their control by supplying the products other than the Plaintiff products to the respective agencies through the said cooperatives.

In fact, the defendant.

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