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(영문) 서울동부지방법원 2016.09.23 2015나26056
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant is a company that produces and sells the letters of the trademark "Thurse Islands". The Plaintiff is an intermediate manager who, according to an intermediate management transaction contract with the Defendant, has managed the galsian department store B (hereinafter "the instant store") from February 2010 to November 201.

B. The Defendant, in the first and second inventory inspection, conducted inventory inspection on the instant store managed by the Plaintiff as follows. Each inventory inspection was conducted in a way that can can be loaded with a bar code on the shape of the product in the instant store with an information device (PDA and Person Dalsist) and confirms the quantity of the product.

On December 9, 2010, C, who is an employee of the defendant in charge of the verification of the result of the first inventory inspection and the subsequent inventory inspection, was investigating inventory of the store of this case, entered the result in the inventory inspection confirmation document, and the plaintiff signed the inventory inspection confirmation document.

The defendant's employee prepared a written confirmation of the result of inventory inspection compared to the inventory of the computer system.

According to this, the total price of the above product is 34,427,00 won based on normal price, and 31,237,500 won based on the sales price reflecting the discount rate for each product at the time of the inventory inspection, and 21,936,180 won based on the sales price deducting the department store fees from the above sales price. Here, the sales commission for the intermediate manager is deducted from 3,842,213 won, and the final amount was calculated as 18,093,968 won.

The confirmation of the result of the inventory inspection at issue contains the following: “The final amounts of 18,093,968 won shall be deducted from sales commission. The result of the inventory inspection conducted on December 9, 2010 above shall be verified, and the amount arising from the final amounts shall be paid in full.” The Plaintiff signed on January 24, 201.

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