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(영문) 서울남부지방법원 2018.02.14 2017가단201969
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around December 1, 2013, the Defendant entered into a contract with D and E to grant the Defendant’s franchise business operator a right to supply food materials to the Defendant’s franchise stores (hereinafter “distribution right”) and to receive royalties equivalent to the quantity of food materials supplied.

(hereinafter “instant distribution contract”). The contract term of the instant distribution contract was two years, and the contract term was automatically extended every one year if either party does not notify the other party of his intention of refusal of renewal in writing 30 days prior to the expiration of the contract term.

B. On February 4, 2015, the Plaintiff: (a) as the representative director; and (b) as the in-house director; and (c) exercised the instant logistics distribution right by leading to D and E status under the instant logistics distribution agreement.

C. On June 10, 2015, the Plaintiff, based on the instant logistics distribution right, purchased food materials from the Plaintiff and entered into a contract in the form of supplying them to the Defendant’s franchise store (hereinafter “F”) with F Co., Ltd. (hereinafter “F”).

(hereinafter “instant logistics agency contract”). D.

In order to exercise the right of direct distribution, strengthen the company's organizational power, and maximize efficiency, the defendant analyzed the Plaintiff's data through consultation with the Plaintiff on November 2015. On December 10, 2015, the defendant received information on the Plaintiff's sales, expenses, and earnings on November 2015.

E. The Plaintiff’s employees (hereinafter “employee affiliated with the Defendant”) transferred food materials to the Defendant around December 2, 2015, and performed the duties of the Plaintiff and the Defendant, including the purchase of food materials, F, business management, attempted management, settlement, accounting support, general management and operation of the celebical management, commercial cooking, new store cooking education, open support, etc. from August 2016.

F. From December 2015 to August 2016, 2016, the Defendant’s statement of settlement from 8-2 to 8-2.

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