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(영문) 서울동부지방법원 2017.07.06 2016가합1616
부당이득금
Text

1. The Defendant’s KRW 463,00 and the Plaintiff’s annual rate of KRW 5% from December 16, 2015 to July 6, 2017.

Reasons

Basic Facts

Plaintiff

The company is a company engaged in the wholesale business of alcoholic beverages and its ancillary business incidental thereto in the Republic of Korea, Dong-si, Gu-si, Namyang-si.

The Defendant, while serving as an employee of the Plaintiff Company, was retired from office. On June 28, 2010, the Plaintiff Company was appointed as a director of the Plaintiff Company. On August 2010, the Defendant entered into a sales contract with the Plaintiff Company on a transactional line with the content that the Defendant transferred the Plaintiff Company’s business rights to the 110 business establishments located in Gangdong-gu Seoul Metropolitan Government managed by the Defendant to KRW 180 million, and that the Defendant would serve as an employee of the Plaintiff Company.

(2) The Plaintiff Company agreed to pay KRW 6,300,000,000 to the Defendant monthly salary (3.5 million prior to the date of the instant sales contract) (1), ② card (1.00,000 won per month - vehicle maintenance expenses, and ③ interest on virtual gold (1.8 million won per month). The Defendant worked for the Plaintiff Company’s liquor business and used the Plaintiff Company’s corporate card (hereinafter “instant corporate card”) from January 201 to February 2014 within the scope of KRW 1,00,000,000 from January 201 to February 1, 2014. The Defendant asserted that the Plaintiff Company should arbitrarily compensate the Plaintiff Company for the total amount of KRW 1,50,000,000 from April 2015, 2015, without any dispute over the Plaintiff Company’s KRW 1,500,000,000,000,000 from April 2, 2012.

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