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(영문) 의정부지방법원 고양지원 2018.02.20 2015가단71248
부당이득금
Text

1. The Defendant’s KRW 48,244,328 as well as the Plaintiff’s KRW 5% per annum from February 11, 2015 to February 20, 2018.

Reasons

1. The fact that the Defendant: (a) around December 2012, the Plaintiff manufactured in China the inside of Hyundai Motor Mota DM (hereinafter “instant product”); and (b) operated a business to sell it in Korea (hereinafter “instant business”); (c) on January 2013, the Plaintiff and the Defendant visited China’s manufacturing factory together with the first patrolman.

The Plaintiff and the Defendant, among the instant businesses, are in charge of the remaining forms of gold, production, customs, sale, etc. of the instant product except for “funds,” and the Plaintiff invested “funds” in the instant business, but the Plaintiff acquired 70% of the sales proceeds and the remaining 30% of the sales proceeds are acquired by the Defendant until the entire amount of the invested funds is recovered, and the Defendant agreed to distribute the sales proceeds from that time to 50% upon the collection of the invested funds by the Plaintiff (hereinafter “instant agreement”).

In accordance with the instant agreement, the Plaintiff, as requested by the Defendant, remitted KRW 20,524,980 to the account designated by the Defendant, KRW 3,558,50 as brokerage commission from January 2013 to September 2013, KRW 51,69 as gold, KRW 51,69 as gold, and KRW 20,524,980 as the production cost of the instant product 200 set (two set).

On August 2013, 2013, the Defendant received 200 sets from Chinese Product Manufacturers, and the Plaintiff paid KRW 1,081,087 for customs clearance and transportation costs.

The Defendant, starting from selling the instant goods as above, paid KRW 110,60,00 for the Plaintiff’s profit distribution rate of KRW 110,60 according to the Plaintiff’s profit distribution rate of KRW 158,00 for the instant goods of KRW 5,565,00 for the settlement of accounts on September 2, 2013 for the sales of the instant goods of KRW 15,565,00 for the instant goods of KRW 112,00 for the sales of the instant goods of KRW 158,00 for the Plaintiff’s profit distribution rate of KRW 150,60 for the instant goods of KRW 110,60 for the Plaintiff’s profit ( KRW 112,00 for the production of KRW 110,60 for the instant goods of KRW 255,565,00 for the Plaintiff’s profit per set of the instant goods of KRW 700 for separate customs clearance, KRW 83,000 for the return of defective goods of KRW 4,700.

However, this case is sold.

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