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(영문) 서울중앙지방법원 2017.03.23 2016나82050
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in each entry (including each number) in Gap evidence 1 to 10, taking into account the overall purport of the pleadings:

The relationship 1) The Plaintiff is a juristic person established for the purpose of the manufacturing and retail export-import business of beauty and art business, such as cosmetics, salt color, and rain, etc. (2) The Defendant, from January 2012, operated the “Cstore”, a total store that sells the Plaintiff’s products, and took charge of managing approximately 30-40 franchise agencies incorporated under the Defendant’s total store that is operated by the Defendant, with the position of the Plaintiff’s standing director, and accordingly, received 35% of the total sales of the Defendant’s affiliated agencies as “management fee allowance” and 3% of the total sales amount as “slick fee.”

3) The Plaintiff supplied the goods ordered through the Defendant directly to the agency when the orders were issued from the agency under the original Defendant’s control, and the Plaintiff paid the remainder after deducting 35% of the management expenses paid in advance by the Defendant from the agency, and operated the management expenses payment system and the computer management system in the form of issuing the remaining amount after deducting the management expenses. 4) Thereafter, the Plaintiff received a warning from the Plaintiff that the issuance of the tax invoice was omitted only for the amount after deducting the management expenses paid in the course of a tax investigation conducted around June 2013. From around August 2013, 2013, the Plaintiff issued the tax invoice as to the total sales that was not deducted from the management expenses.

B. The Defendant, from August 2013 to October 2013, 196, is an agent’s owner of defamation and business, F and G.

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