(영문) 서울서부지방법원 2016.10.13 2014가합33734

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(영문) 서울서부지방법원 2016.10.13 2014가합33734

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts under the basis of facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3, 4, 6 and 9, and in part of witness B's testimony, taking into account the whole purport of the pleadings. A.

The defendant related to the parties is a legal entity established for the purpose of manufacturing and selling Class A, and the plaintiff is a business member in charge of the business of selling Class B, etc. produced by the defendant (hereinafter referred to as "the goods in this case") to his/her business office (hereinafter referred to as "the business office in this case") from May 1, 2010 to May 26, 2014 as business members and selling Class C, etc. produced by the defendant (hereinafter referred to as "the goods in this case") to his/her business office (hereinafter referred to as "the business office in this case").

B. The business process 1 of the Defendant and the Defendant business employees, in the following manner, shall release the instant goods from the Defendant warehouse and sell them to each individual customer. ① The number, etc. of the goods that the business employees intend to remove from the Defendant warehouse are to enter, report to the general affairs of the relevant place of business, ② The confirmation of the total quantity, etc. of the goods at the place of business after the confirmation of the quantity, etc. of the goods at the place of business. ③ The business employees, after the shipment of the goods to the extent that the goods are shipped out from the Defendant warehouse, ③ The sales employees, sold the goods to the individual customer. ④ The quantity and sales amount of the goods loaded after the sale of the goods loaded to the individual customer, ④ The goods loaded to the individual customer, by means of the PEA terminal, etc. ⑤ The amount of the goods sold to the individual customer, and then the amount of the goods stored at the place of business shall be treated as the outstanding amount from each individual customer. Accordingly, the Defendant set the sales target for each business employee at the place of business.

The defendant shall set the ratio of achievement of the sales target to the business members.

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