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(영문) 서울중앙지방법원 2016.10.20 2013가합534624
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendants (including the Plaintiff, the Plaintiff, and the Plaintiff) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B is a company running a lot department store, etc. nationwide for the purpose of manufacturing and selling small waves, producing and selling furnitures, etc., Defendant lot shopping is a company running a lot store, etc. with the aim of business pertaining to the department store and large store, and the establishment and operation of Schlage business.

B. Defendant B entered into a purchase transaction agreement with Defendant Barun shopping as follows.

- The term “purchase under a special contract” refers to the form of sales under which Defendant B purchases goods on credit from Defendant B on condition that the goods not sold can be returned, and then pays the sales amount after deducting sales profit at a certain rate or at a certain amount after selling the goods. The term “the closing rate of sales under a special contract” refers to the ratio of economic benefits, such as money, etc. received by Defendant B to the sales amount, as the price for the sales of the goods supplied by Defendant B, to the sales amount.

(Article 2. - The due date for the payment of goods: Within forty (40) days from the due date for monthly sales (Article 7(2) - The due date for the payment that Defendant B pays to Defendant Barl shopping is equal to the amount obtained by multiplying the sales amount by twenty-six (26) percent.

(Article 10(1). - The defendant's lot shopping is prohibited from having an employee or other employee employed by the defendant B engage in his sales business, etc., or from having the employee employed by the defendant lot shopping bear the personnel expenses of his employees.

Provided, That this shall not apply in any of the following cases where the terms and conditions of dispatch are agreed in advance with the defendant B and the dispatched employee, etc. is engaged in the sale and management of the goods supplied by the defendant B:

(Article 13(1). 2. Defendant B, in accordance with a document stating the details of expected profits and expenses due to the dispatch of employees, etc., and the basis for calculation, in an objective and concrete manner.

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