logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.10.20 2016가단125498
부당이득금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 17,737,440 and KRW 1,387,440 among them, from March 25, 2017, and KRW 16,350.

Reasons

1. Facts of premise;

A. The Plaintiff is a corporation established for the purpose of manufacturing and retailing products, such as bags and hand bags, and the Defendants are the partners whose business registration was completed in Defendant A’s name on July 6, 2014.

B. Around July 17, 2014, the Plaintiff and Defendant A supplied products to the Plaintiff and sold them at D’s stores, which are stores within duty-free shops, concluded an intermediate management contract under which the Plaintiff receives fees from the Plaintiff on the 10th of each following month (hereinafter “instant management contract”).

C. Around the date of the above contract, the Plaintiff purchased the Coindo vehicle in the name of the Plaintiff (hereinafter “instant vehicle”) and completed the registration of ownership, and then delivered it to the Defendants. Defendant B purchased the automobile insurance in the name of the Defendant, etc. and used the said vehicle for business.

On the other hand, the Plaintiff’s signature signed by Defendant B is accompanied by the Plaintiff’s letter of reference as of August 7, 2017, which was signed by the Plaintiff and the entire content of the loan printed as follows:

the amount is in custody, but the amount is revised to KRW 10,00,000, which is the end of the period.

(hereinafter referred to as “the loan certificate of this case”). The cash loan certificate of this case is a cash loan certificate: It is confirmed that the above amount is KRW 15,000,000 in daily (15,000,000) without exactly borrowing it.

Method of Repayment: It confirms that payment shall be made in installments at the time of settlement of sales commission.

July 10, 2005: C Company B

E. Around December 31, 2015, the Defendants closed the business of C, while not returning the said vehicle to the Plaintiff, 229,880 won, including fines for negligence and parking fees, were incurred due to the violation of parking regulations and the use of parking lots, etc. on January 27, 2016 to August 13, 2016, while the Defendants, who closed the business of C, did not return the said vehicle to the Plaintiff. The said vehicle was unpaid, even

F. On January 19, 2016, the Plaintiff’s total amount of unpaid benefits of the Defendants to C employees KRW 7,807,560 [E 3,00,000 (the balance of November 2015 + the amount of November 2015; and the number of other employees for December 2015].

+F 1,807,560 won + G 1,500.

arrow