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(영문) 서울중앙지방법원 2017.11.16 2016가단5059023
정산금 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,775,860 to the Plaintiff (Counterclaim Defendant) and its related amount from April 16, 2016 to November 16, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, from around 2008 to around 2008, engaged in a club business in which revenues are divided by 1/2. From May 2013, the Plaintiff and the Defendant entered into a contract for sales and sales management with D (F) under the Defendant’s name and entered into a sales and sales management contract with D (27.5%) while maintaining the Defendant’s name and operating the store independently from around October 2013.

B. Lotl Development entered into a lease agreement on the condition that the Plaintiff received 22% of the sales amount from D in relation to the instant store. After the Plaintiff started to operate the instant store independently, the commission commission fee to be paid to D was raised from 27.5% to 35.2%.

C. From October 2013, the Plaintiff operated the instant store independently, but did not enter into a contract on the consignment sale, etc. with D and could not be made in the name of the Defendant as seen above. If the sales amount of the instant store was deposited into a lot development project, it would have deposited the remainder after deducting the amount to be received from D, and D would have deposited the remainder after deducting the amount to be received from the Defendant from the amount to be deposited into D. The Defendant paid the remainder of the amount of the sales amount less the amount to be paid by the Plaintiff to the Defendant as the settlement money for the business relationship (10,000 won each month, and 25 million won each month) to the Plaintiff every month.

On May 14, 2015, the Plaintiff caused conflicts with the Defendant due to the settlement of accounts related to the operation of the store of this case.

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