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(영문) 제주지방법원 2020.08.10 2019가단60143
부당이득금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and each year from January 1, 2020 to August 10, 2020.

Reasons

1. Facts of recognition;

A. (1) On March 27, 2017, the Plaintiff entered into a contract, etc. between the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), under which the Defendant Co., Ltd. paid KRW 5 million (hereinafter “instant subsidy”) the Defendant Co., Ltd. a contract for the passenger transport service for foreign tourists with the main contents below (hereinafter “instant agreement”), and on the same day, the Defendant Co., Ltd jointly and severally guaranteed the Defendant Co., Ltd’s obligation to return the said subsidy.

(2) The instant contract aims to contribute to the promotion of tourism by ensuring the sale and quality of the Plaintiff’s TX REE in order for the Defendant Company to provide tourists with the Plaintiff’s TXFREE. The sales price of the duty-free shop is the price determined by the Plaintiff.

(3) The sales commission must pay 70% of the sales price of the goods, other than taxes.

(4) The Defendant Company is to be sent to the Plaintiff for one year from the date of the contract.

The Defendant Company may request the Plaintiff to add the instant subsidy after one year, and make a decision after mutual consultation.

Although it is not possible to specify monthly units due to the characteristics of tourists, they shall be sent for one year from the date of the contract.

(5) The instant contract is effective for a period of one year beginning on the date of its implementation.

Provided, That where there is no objection between both parties, the automatic extension shall be made on a yearly basis.

(6) The Plaintiff and the Defendant may cancel the instant contract in the following cases:

① The Plaintiff and the Defendant Company shall notify in writing one month prior to the termination of the instant contract due to the type of occupation and any other circumstance and then consent to the other party, such as penalty for breach of contract, if either of the Plaintiff and the Defendant Company violates the instant contract.

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