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(영문) 서울동부지방법원 2019.07.26 2018가단115598
부당이득금
Text

1. As to the Plaintiff KRW 27,293,844 and KRW 2,168,197 among them, the Defendant shall pay to the Plaintiff KRW 8,419,834 from September 1, 2013.

Reasons

1. Facts of recognition;

A. Around the end of 2011, the Plaintiff entered into a sales services contract with the Defendant to sell the instant goods supplied by the Defendant (hereinafter “instant goods”) at D stores and receive sales commission from the Defendant (hereinafter “instant sales services contract”) as follows.

Article 1 (Handling Goods and Places of Business) Paragraph (1) shall be limited to C Goods supplied by the defendant.

Paragraph (2): The place of business of the plaintiff shall be determined as D, and the selling area shall be the day of the store, and when changing it, the prior consent of the defendant shall be obtained.

Article 2 (Indication of Position of Defendant) The defendant shall become the head of the D's place of business at the same time as this Agreement is concluded.

Article 8 (Sale Price) The plaintiff shall conduct a regular sale at retail prices as determined by the defendant, and in no case may sell at a discount or increase without the defendant's consent.

Article 9 (Sales Fee and Tax Settlement) (1): Sales commission shall be 12% per normal, planned, and uniform.

Paragraph 2: Sales commission for the above-mentioned contents shall continue to hold a separate consultation.

Paragraph 3: The Defendant shall pay the sales commission to the Plaintiff in cash on the last day of the following month after the closing of the sales.

B. On July 1, 2016, the Plaintiff and the Defendant decided to renew the sales service contract of this case and raise the sales commission rate from 12% to 14%.

C. The Plaintiff sold the instant goods to a national or a foreign tourist by July 2017 in accordance with the instant sales services agreement.

The sales details of the instant goods sold by the Plaintiff between August 2012 and July 2017 are as shown in the column of “total sales” in the attached Table. Among them, the details corresponding to the value-added tax amount on the goods sold to foreign tourists are as listed in the “value-added Tax column” of the said table.

The defendant sold to the plaintiff.

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