beta
(영문) 인천지방법원 부천지원 2018.01.16 2016가단28592

가맹보증금반환

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. On September 16, 2008, the Plaintiff and the Defendant entrusted the operation of the store C (hereinafter “instant convenience store”) to the Plaintiff, provided management guidance, goods procurement, etc. during the contract period. When the Plaintiff sold goods on credit from the Defendant and sold the goods on credit, the Plaintiff immediately remitted the sales amount to the Defendant, and upon the fixed date, concluded a franchise agreement under which the amount of money calculated by deducting the goods price, franchise store fee, and other expenses from the said sales amount is paid as profit as the contract term, from September 17, 2008 to September 16, 2010 to September 34, 2000.

(hereinafter referred to as the "instant contract"). B.

The main contents of the instant contract are as follows.

(Article 4) The term “A” among its contents shall be the Defendant, “B”, and “B” shall be the Plaintiff. (Article 4)

1.B shall deposit the following franchise fees into the deposit account and depository institution designated by A at the time of execution of the franchise agreement:

2. The franchise fees referred to in paragraph 1(b), (c) and (d) shall not accrue interest and shall be returned to B after the final settlement at the end of this Agreement.

[Article 27] Definition of Account of Mutual Accounts

1. The term “mutual account” means a continuous calculation relationship in which Party A enters the details, progress and burden of lending and borrowing of all the claims and obligations arising between Party B from the opening point to the settlement date under this Agreement in order, and makes the settlement by deducting and calculating each subject of the difference and speak in a lump sum;

[Article 28] Transfer of Sales Proceeds

1. Eul shall deposit the total sales amount of each business day into the bank and account designated by Gap by the next day’s static; and

[Article 34] Sales Fund Management Party A shall manage sales funds remitted pursuant to Article 28 by B, and shall conduct monthly settlement of accounts pursuant to the provisions of this Chapter.

[Article 37] Settlement of Profits

1. The period of accounts shall be from the total income of member stores B;