logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.26 2017가단108933
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company whose main purpose is the wholesale business of agricultural, livestock, and fishery products, and the defendant is the representative director of D (hereinafter "D") who aims at food processing and sales business.

B. D entered into a food materials supply contract with E Union on September 1, 2015, and supplied food materials to E Union from that time until March 31, 2016.

C. When the Plaintiff supplies food materials as above, the Plaintiff offered food materials storage facilities, delivery vehicles, etc. to D in consultation with the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) the Defendant, the representative director of D, agreed to receive compensation; (b) the Plaintiff provided business facilities, food storage facilities, delivery vehicles, and human resources necessary to supply food materials to D from September 1, 2015 to March 31, 2016 to F.

Therefore, according to the agreement, the Defendant is obligated to pay the Plaintiff KRW 3,50,000 per office rent (=672,950 per month 50,000 per month x 7 months) as transportation fee, KRW 45,372,950 as transportation fee, and KRW 37,80,000 as personnel expenses (=2,700 per month x 7 months x 2) as the total amount of KRW 86,672,95

Even if it is not acknowledged that the Defendant did not agree to pay the price, the Defendant is obligated to return the price with unjust enrichment, as it obtained a profit equivalent to the above aggregate of KRW 86,672,950 without any legal ground by using the Plaintiff’s facilities and human resources without compensation.

3. First of all, we examine whether the Defendant agreed to pay the fees for business facilities, food materials storage facilities, delivery vehicles, and human resources provided by the Plaintiff.

The statements in Gap's evidence 6 and 21 and witness G testimony are merely those made by an officer or employee of the plaintiff company with the same interest in the plaintiff company or by a third party, and are paid by the defendant.

arrow