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Reasons
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(영문) 수원지방법원성남지원 2016.06.23 2015가단223359
고문료반환 등
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1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 2, 2015 to June 23, 2016.

Reasons

1. Basic facts

A. The Defendant served as an executive officer in charge of the Plaintiff Company’s business of manufacturing and selling cosmetics and retired on November 2014.

Article 1 (Commissioning Services) B (Plaintiffs) shall be commissioned as advisers to B (Defendants), and A shall perform the following duties as advisers to B:

1. Technical advice and suggestions necessary for the marketing of B;

2. Other matters referred to in Article 2 (Remuneration) (B) shall be paid to A for remuneration for performing commissioned affairs, which shall be KRW 8,462,00,00 as of the 25th day of each month.

Article 3 (Prohibition of Confidentiality and Competitive Business)

2. A shall not, for the protection of B’s trade secrets, establish or operate a company which is identical or similar to, or directly or indirectly competitive to, the business of B at home or abroad without the written consent of B during the commission contract period, acquire or own the shares of such company, or have a partnership with a person establishing or operating such company, serve as an executive or employee of such company, serve as an agent or adviser of such company or its officer or employee, or cooperate with such company or its officer or employee, regardless of any manner.

Article 4 (Term of Contract) The term of this Agreement shall be from December 1, 2014 to November 30, 2015.

Article 5 (Termination of Contracts)

1. Where a Party A violates Article 3, the foregoing advisory commission agreement shall be immediately fixed, regardless of the remaining term of the contract, and the remainder after subtracting the first three months out of the advisory remuneration the Party A paid to Party B shall be returned to Party B immediately;

B. On November 28, 2014, the Plaintiff and the Defendant concluded a contract for advisory commission (hereinafter “instant contract”) with the following content.

C. By October 2015, the Plaintiff paid the Defendant remuneration of KRW 93,082,00 under the instant contract (i.e., KRW 8,462,000 x 11 month).

2. As to the main claim

A. The Plaintiff 1’s assertion by the parties is the Plaintiff from October 2015 during the contract term of the instant case.

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