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(영문) 서울고등법원 2018.09.05 2017나2031829
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation that runs the wholesale and retail business of agricultural and fishery products. Plaintiff B was responsible for the representative director of the Plaintiff Company until April 21, 2016, and operated the Plaintiff Company’s personal business place called E.

F is the husband of the defendant, and D is the father and father of the defendant.

B. 1) D has an influence over the Samsung A, such as the F’s transfer of the representative director to the Samsung T&T company, and thus, sought to introduce the Defendant. 2) On May 22, 2006, the Plaintiff Company prepared a letter of commitment with the Defendant and obtained the authentication of a deed signed by a private person with the law firm Solomon, etc. as a notary public in March 32, 2006.

In order to maximize the sales and profits of the Plaintiff Company and E, and to clarify the rights between the Plaintiff Company and the Defendant, this undertaking shall be prepared and notarized as follows:

1. The defendant's equity ratio is 25%.

Plaintiff

Companies and E shall modify the stockholders' list, i.e., the stockholders' list.

2. The contents of paragraph 1 above shall be applied to the Plaintiff Company and E.

3. The plaintiff company and E shall settle the accounts of the defendant's shares on a monthly basis, but in accordance with the ratio of shares in paragraph 1, the company's estimated net profit shall be provisionally determined at 10%, and 3% of the monthly gross profit shall be paid on the last day of the next month in order to avoid the diversification of the calculation of net profit.

In addition, the year-end settlement is made for the previous year's performance in February of the next year, and if the net profit of the company is less than 10%, it shall be adjusted at the same rate.

4. The Plaintiff Company and E shall report the sales status of the preceding month to the Defendant by the 10th day of each month, and shall grant the Defendant the right of online manager access to real-time sharing of the status of the company operations

5.This Arrangement shall become effective from the date of the contract.

(6) the first payment on the last day of June, provided that the contract with an enterprise, such as Empt, is delayed for a period of four months from the date of the contract.

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