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광주지방법원 2016.12.08 2015가합1491 (1)
영업권회복
Text

1. The Defendant’s KRW 2,936,496 as well as 5% per annum from December 17, 2015 to December 8, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 15, 2011, the Plaintiff and the Defendant established and operated an electronic commerce shopping mall (hereinafter “C”) under the Plaintiff’s name and D, which sells kimchi, etc. via the Internet.

B. On September 20, 2012, the Plaintiff concluded a contract under which C’s goodwill is extended to the Defendant, and agreed to receive 20% of C’s earnings from the Defendant from the first quarter of January 2013.

C. The main contents of the agreement on the division of shares in shopping mall profits (hereinafter “instant agreement”) are as follows.

In this Agreement, B is "A" and "B" is referred to as "B" for convenience under the Agreement on Division of Shares in Shopping Proceeds.

Article 1 (Principles of Contracts) Since Article 2 (Return of Investment Money) "B" invests in the value of shopping mall, it is not possible to refund in principle in the case of investment money (one million won).

Provided, That payment may be made individually to "B" under mutual agreement.

Article 3 (Matters concerning Operation) "A" shall have all the operational rights concerning the C Office.

The term "B" may provide advice on operation, but basically, it does not participate in all matters concerning operation because it has a stake from an investor's standpoint.

Article 4 (Division of Profits) (1) Division of "A" and "B" shall be determined at the ratio of 8:2.

(2) The term "profit" means the amount calculated by subtracting the gross expenses from the gross sales, such as advertising expenses and the value of goods, personnel expenses, rents, management expenses, Internet, telephone expenses, or office operation expenses.

(3) No. 4.5 No. 6.6 It is the same as the division of profits even if additional products are increased.

(7) Basic settlement shall be made in a quarterly (three months) unit, the settlement cycle of which is the general business entity, and where profits reach a deficit, it shall be carried forward to the following quarter.

(8) When the settlement of accounts has commenced from January 2013, it shall begin from the first quarter, and it shall begin from each quarter.