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서울동부지방법원 2015.09.15 2014가단131066

부당이득반환

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 6:

The defendant is a company that produces and sells clothing Slurs Islands, and the plaintiff is a person who has been in charge of the management of Sgallonyyy department stores B from February 2010 to November 201 in accordance with the interim management contract with the defendant.

B. On December 9, 2010, the Defendant conducted a inventory inspection on the said store managed by the Plaintiff. On the inventory inspection conducted on December 9, 2010, the Defendant determined the final amount of 18,093,968 won in the said store, and on the inventory inspection conducted on March 17, 2011, the final amount of 24,935,52 won in the said store. On November 30, 2011, after the Plaintiff terminated the interim manager’s contract with the Plaintiff due to excessive occurrence, the Defendant determined the final amount of Amended by 76,454,350 won in the inventory inspection on the business takeover transfer management conducted by the Plaintiff.

C. The Defendant, according to the interim management contract with the Plaintiff, is obligated to pay the intermediate fees for the sales performance of clothing to the Plaintiff, and the said amount was appropriated for the Plaintiff without paying the fees to the Plaintiff for the amount of No. 9 of December 9, 2010 and the amount of No. s. 17 of March 17, 201.

As of November 30, 201, 201, 58,554 won remains after deducting sales commission for October 201 and November 11, 201 and deposit money for deposits paid by the Plaintiff to the Defendant at the time of entering into an interim management contract. The Plaintiff paid KRW 2,260,000 in cash from February 2, 201 to April 201, and paid KRW 33,00,000 to the credit information that was considered as the Defendant’s claims collection agency. The Defendant Company received the payment order from the Seoul East Eastern District Court 2012 tea652 against the Plaintiff and obtained a lease deposit and collection order for stores operated by the Plaintiff as its executive title.