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(영문) 서울중앙지방법원 2018.12.13 2017가합570505
이사해임의 소
Text

1. Of the instant lawsuit, the part demanding the dismissal of the representative director shall be dismissed.

2. Defendant D-B Co., Ltd.

Reasons

(a) grant exclusive authority to E for common goods and joint marketing;

F and E may not enter into an alliance contract identical or similar to that of another business operator without mutual consent, and the business personnel of E working as “G” shall not engage in the sale or consultation of goods of the same or similar model other than “G”.

Provided, That E may, with the consent of the F as necessary, entrust marketing agency with the business of joint goods and joint marketing.

Article 4 (Requests for Fees and Payment, and Distribution of Profits) The matters concerning the distribution of profits shall be determined as follows:

1.F shall claim for the F brand royalty in exchange for brand utilization, news production, and online marketing and pay to E-designated marketing agency fees as follows:

Items (h) 10,00,000 won 115,50,000 won 121,275,000 won for marketing agency fees of KRW 75,000 for brand use fees of KRW 78,750,000 for year 2017 * Monthly unit and value added tax amount of KRW 82,687,50 for KRW 82,500 for brand use fees of KRW 2015,50 for year 2017 *

2.F shall issue a tax invoice for sales to E on the last day of each month, and to E by the 20th day of the following month, and the F shall issue a tax invoice for marketing commission to E-designated marketing agency and deposit it by the 20th day of the following month.

C. 1) The Defendant Company: (a) designated the Defendant Company as a marketing agent pursuant to Article 3(3) of the Business Partnership Agreement entered into with F; (b) entrusted the Defendant Company with the said business partnership agreement; (c) Defendant Company performed the business partnership agreement entered into between E and F; and (c) was paid KRW 82,50,000 (including value-added tax) monthly marketing agency fees from January 2016 to October 2016.

3 In order to receive commission fees for marketing on November 30, 2016 from F on November 30, 2016, the Defendant Company becomes “value of KRW 175 million and tax amount of KRW 17,500,000”.

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