(영문) 서울중앙지방법원 2020.03.17 2018가단5157969

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2020.03.17 2018가단5157969

부당이득금

Text

1. The Defendant’s KRW 5,370,715 as well as the Plaintiff’s annual rate of KRW 5% from February 1, 2017 to March 17, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the beauty art room with the trade name “D” in Songpa-gu Seoul Metropolitan Government (hereinafter “the cosmetic”), and the Defendant is a person who, from October 14, 2014 to January 31, 2017, performed cosmetic operations, etc. in the cosmetic from around October 14, 2014.

B. Under the contract between the Plaintiff and the Defendant, Article 1 (Purpose) of the Agreement between the Plaintiff and the Defendant, “B” refers to the comprehensive beauty art business within the scope delegated by the Plaintiff, according to the contract between the cosmeticians and the free contract between the two parties.

Article 2 (Scope of Contract) The scope of duties delegated by A to B shall be as follows:

1. All the business related to the beauty service ( customer treatment services, such as pumps, females, and chrops, etc.) for customers of Gap;

2. Other affairs as agreed upon by A and B (Calculation of Contract Expenses).

1. Incentives (contract costs) shall be calculated on an amount of 29-38% of new customers against total sales, and 29-38% of fixed customers.

2. The calculation of incentives (contract costs) shall be 30 per cent of cash in preparation for the sale of the pre-printed goods and 20 per cent of the card.

3. An incentive for detailed sales (contract costs) shall be referred to in the contract cost calculation table.

4. 3.3% of the business income tax shall be deducted from a contract (free income earner).

5. In the case of practice, incentives (contract costs) shall be calculated after deducting 10 per cent of value added tax and 3 per cent of card fees.

6. In the event of pre-payment of incentives in the event of pre-payment of pre-payment tickets, the advance payment shall be made in accordance with the terms and conditions of the written request for incentives (sale Fees);

Article 6 (Term of Contract)

1. The period of a contract for cosmeticis shall be one year from March 17, 2016 to March 16, 2017;

2. This contract shall be automatically extended for one year unless A or B has given written notice of termination to the other party at least 30 days before the expiration of the contract, and shall also be thereafter extended.

Provided, That incentives (contract costs) may be adjusted by mutual consent with Gap.

유사 판례

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