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(영문) 부산지방법원 2018.05.15 2016가단316453
부당이득금
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1. The Defendant’s KRW 2,706,00 as well as the Plaintiff’s annual rate from May 10, 2016 to May 15, 2018, and the following.

Reasons

Basic Facts

The plaintiff is a person who engages in sales business, such as mobile phones, in the trade name of "B", and the defendant is a company that engages in sales business of mobile phone wholesale and commission.

Article 4 (Duties of Settlement of Accounts)

1. Gap and Eul will settle their sales commission and sales proceeds once a month in accordance with their business policies.

- A shall pay the fee to B within 10 days of the end of the following month when paying the fee.

2. The public charges (charges and installments) incurred by the business activities of Eul shall be remitted to Gap by 17 days following the day of receipt.

Additional Contract Terms

1. Standards for policies and unit prices shall be based on retail policies and unit prices;

6. Public imposts shall be paid after excluding the time when fees are paid; and

On June 2014, the Plaintiff and the Defendant entrusted the Plaintiff with sales business, including mobile phones, related to the business entrusted by mobile network operators, and entered into a consignment contract with the terms that the Plaintiff would pay sales commission, etc. from the Defendant after selling mobile phones, etc. to consumers (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

(A) From July 2014 to October 2014, the Plaintiff sold mobile phone sales, etc. in accordance with the instant contract at the C Burial (hereinafter “instant Burial”) leased by the Defendant from the KS Telecom Co., Ltd. (hereinafter “instant Burial”).

Upon the Defendant’s request for the issuance of a staff member in charge, the Plaintiff issued a tax invoice of KRW 26,219,200 on July 29, 2014; the tax invoice of KRW 15,661,00 on September 5, 2014; the tax invoice of KRW 38,940,100 on October 8, 2014; the tax invoice of KRW 38,940,10 on consignment sales commission; the tax invoice of KRW 420,00 on October 10, 2014 following the revocation of the sale; and each tax invoice of KRW 5,61,00 on consignment sales commission of KRW 20 on October 2014; and the tax invoice of KRW 420,00 on consignment sales commission of KRW 20,00,000 on October 20, 2014;

The defendant shall be the plaintiff.

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