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(영문) 서울동부지방법원 2020.03.05 2018가단104178
손해배상(기)
Text

The Defendants jointly share KRW 12,490,434 with respect to the Plaintiff and KRW 5% per annum from February 10, 2018 to March 5, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the insignia center (hereinafter “instant insignia”) under the trade name of Songpa-gu Seoul Metropolitan Government H and I, and the Defendants are Twitners.

Article 2 (Purpose of Contract) The purpose of this Agreement is to distribute incomes accruing from the business of personal radars offered by Section B (Defendant) to Section A (Plaintiff) between A and B, and to set relevant rules through mutual agreement.

Article 3 [Trade Status and Provision] ① as independent and mutually equal project undertakers A and B, B shall provide the personal tamper service to A, and A shall provide the brand and place necessary for the provision of the personal tamper service to B.

Article 7 [Apportionment of Income] (1) The allocation of income of Eul is for the personal service directly conducted by the principal, and the income calculated according to the following criteria shall be paid on the agreed date of each month:

② The standard rate of income sharing between A and B is determined after mutual agreement as partially subsidizing the business support fund, which is based on the sales performance of B, but this is the nature of subsidies to secure excellent personal reporters, taking into account the work experience of B and his/her personal skills, and is not paid as wages of the worker’s subject nature.

(3) Of the standard rate of income distribution of Eul, the increase in the total sales performance included in Eul's direct performance through personal radar services shall have the portion of tuition fees and sales increase, and the separate income allocation rate agreed upon between Gap and Eul in this contract shall apply.

(4) A and B may set and apply a distribution rate separately from the income distribution rate under paragraphs (2) and (3) mutually agreed upon during a three-month period from the date of the contract.

Article 14 [Principle of Good Faith, etc.] (1) A and B shall enter into this Agreement.

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