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(영문) 서울서부지방법원 2018.02.06 2017나32804
부당이득금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's primary claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Defendant is the representative of “E Co., Ltd. (trade name after alteration: F. hereinafter “Defendant Co., Ltd.”). The Plaintiff is the representative of “Co., Ltd. D” (hereinafter “Plaintiff Co., Ltd.”). B. The Defendant Co., Ltd. (hereinafter “SKS”) recruited and manages Internet products sold by SKSD Co., Ltd., and accordingly, operated “SK Center (hereinafter “instant G Center”) in the form of receiving the fixed fees from SKSD.” The Defendant Co., Ltd., which received money equivalent to the fixed rate of the communications fees collected by the Defendant Co., Ltd., for 36 months. Of the fees collected from SKSD, the Defendant Co., Ltd., Ltd., received “business management fees” for 36 months.

C. On February 6, 2014, the Defendant Company borrowed money from the Plaintiff Company several times on the premise of transferring the instant G Center’s goodwill to the Plaintiff Company. On February 6, 2014, the Defendant Company drafted a written agreement containing the following contents, with the Plaintiff Company’s right to operate the instant G Center and the business management fees that the Defendant Company may receive in the future according to the subscribers recruited by September 2013.

The following provisions shall apply in transferring the right to operate the G Center in this case of the Defendant Company and the business management fees of the Defendant Company (the business portion up to September 2013) to the Plaintiff Company.

2. The right to operate the G Center was agreed upon by the Defendant Company and the Plaintiff Company, and the Plaintiff Company shall pay to the Defendant Company the amount of KRW 150,000.

3. The defendant company has an amount of KRW 506,00,000,000 already paid by the plaintiff company as the interest of the business management fees of the defendant company.

4. The defendant company is practically the meaning of "from the plaintiff company" to the plaintiff company.

on February 6, 2014, gold 65,000,000 won shall be borrowed.

5. On January 29, 2014, the Plaintiff Company paid in advance as employee's pay to the Defendant Company 82,700.

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