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(영문) 수원지방법원 2015.12.01 2014가합3958
수당금
Text

1. The Defendant’s KRW 304,572 as well as 5% per annum from March 21, 2014 to December 1, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that sells and supplies the defendant's products to the defendant's franchise agencies that manufacture salt, cosmetics, etc. and conduct salt color experience room business.

B. The Plaintiff, from January 1, 2012, operated C, a general sales store selling the Defendant’s products, operated the Defendant’s products from around January 201, and was in charge of business activities to establish the Defendant’s franchise agency to the distributors who wish to sell the Defendant’s products with the Defendant’s standing director, or managing the franchise agency incorporated under the said general sales store operated by the Plaintiff (hereinafter “Plaintiff-affiliated agency”). In return, the Plaintiff and the Defendant received a certain ratio of the Plaintiff’s gross sales from the Defendant as management expenses, allowances, and Boners’ allowances. Around October 19, 2012, the Plaintiff and the Defendant drafted a contract for director’s service and confidentiality including the following:

(hereinafter referred to as “instant contract” when referring to the contractual relationship between the Plaintiff and the Defendant as above. Article 2 of the Work Conditions - The Plaintiff is a director of the Defendant.

-The defendant shall faithfully cooperate in any policy and administration of the company;

-The defendant shall make every effort to facilitate co-operation with the chief commissioner under his control and to give the maximum operating effect to him.

-the defendant shall not be absolute to conduct activities other than D or work and activities of other companies.

such an act.

Recognizing that it is immediately deprived of the status of directors and at the same time a expulsion is made when it is discovered.

[Ground of recognition] Facts without dispute, Gap evidence No. 14-2, Eul evidence No. 5, the purport of the whole pleadings

2. The parties’ assertion is that pursuant to the instant contract, 35% of the total sales of an agency affiliated with the Plaintiff shall be 35% of the management expenses (hereinafter “management expenses”) and 3% of the total sales of the agency affiliated with the Plaintiff shall be paid with the Boner’s allowance (hereinafter “ Boner’s allowance”). However, the parties’ assertion is obligated to pay from September 1, 2013 to September 15, 2013.

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