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(영문) 수원지방법원성남지원 2015.05.29 2014가합3623

외상매출금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 24,162,653 to the Plaintiff (Counterclaim Defendant) and its related amount from June 5, 2013 to February 17, 2014.

Reasons

1. Basic facts

A. On June 9, 2012, the Plaintiff, a coffee and franchise business, etc. with the trade name of the Defendant and the Plaintiff, entered into a franchise agreement (hereinafter “instant agreement”) with the Defendant and the Plaintiff that the Defendant would open and operate the carpet in Seocho-gu Seoul, Seoul, and the terms of the said agreement are as follows.

Article 1 (General Provisions) The plaintiff permits the defendant to open and operate the "A carbook", and the defendant shall faithfully observe all the matters of the contract.

Article 8 (Payment of Franchise Fees, Deposit and Expenses)

1. The defendant shall deposit KRW 10 million in a franchise deposit with the financial institution designated by the plaintiff for a period of two months from the date the franchise agreement is entered into (in cases where the franchisee commences the franchise business before the expiration of two months, the starting date of the franchise business).

2. A franchise shall include the first training fee following the establishment of a store, expenses for providing manuals for the operation of franchise business, and matters included in a franchise fee shall be determined in consultation with the plaintiff and the defendant;

3. In the event of the cancellation of this contract, with respect to the franchise fee deposited by the Defendant, the remainder after subtracting the costs required for the preparation under the contract before the opening of the contract shall not be refunded in whole after the opening of the contract.

4. The defendant shall deposit 5 million won as interest without interest to the plaintiff after the contract for the goods is completed after the establishment of the store.

When a contract is terminated, the plaintiff shall immediately pay the balance to the defendant after deducting the outstanding amount of goods from the security deposit.

6. The defendant shall pay to the plaintiff the price of store facilities, business equipment, and fixtures as follows:

-The down payment: the Defendant’s franchise store pays 40% per day of the commencement of the interior works, and the cost of the sales equipment is paid on the date of the contract - the intermediate payment is paid at 30% within seven days from the date of the commencement of the construction - The remainder payment is paid at 30% per day before the date of commencement of the store: the cost of the open early payment is paid on the remainder