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(영문) 서울중앙지방법원 2014.12.03 2014가단53583

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,184,09 to the Defendant (Counterclaim Plaintiff) and its amount from January 23, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 25, 201, the Plaintiff entered into a franchise agreement with the Defendant, a franchisor, and operated convenience stores at the same place as the Defendant’s franchise business operator around that time.

B. On December 17, 2013, the Plaintiff prepared and closed a franchise agreement with the Defendant with the following content.

The termination of a franchise agreement under Article 1 of the Division shall be deemed terminated on November 7, 2013 under mutual agreement.

Article 2 Recognizing that the balance on the account of the mutual account is KRW 13,658,754 on the settlement report of September 2013, and that the franchisor prepares a monthly settlement report for termination of the contract and prepares the final account settlement statement (hereinafter referred to as "final settlement statement") in accordance with the speed under Article 63 of the franchise agreement, and the obligations of the franchisee with respect to the franchisor shall be as follows:

1. The balance on the account current for the month when the contract is terminated;

1. Termination speed expenditure (VAT Map): 500,000 won;

1. Collection and removal, repair and repair expenses (VAT separate): 4,952,00 won;

1. Remaining for the installation interior: 15,200,278 won;

1. Compensation for losses: Ten won;

1. Estimated stock loss amount: 200,000 won;

1. Expenses incurred in relation to the loss and loss of a house: To be determined after the inspection;

1. Balance of insurance premiums as performance guarantee: 2,045,002 won;

1. Refund of lump sum grant: 12,598,041 won;

1. The other obligations shall comply with the franchise agreement.

Article 3 In addition to the actual inventory investigation on November 7, 2013, the acquisition key is limited to goods recognized by the franchisor (other than goods that the franchisor wishes to acquire, such as changed quality, damage, damage, or expiration of the effective period or the conditions of return and provisional transaction within 10 days) and shall be limited to the amount of goods less than the cost, and it shall be calculated in the mutual account and shall be settled in accordance with the order of Article 63 of the franchise agreement after preferential appropriation of the franchisee's obligations to the franchisor for the obligations to the franchisor.

Article 4 (Final Notice of Claims and Obligations)