물품대금등 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
. The basis for the calculation of the Service must be disclosed together with relevant data by the tenth day of the following month.
Article 8 Termination of Partnership Agreement
1.A or B may terminate this Agreement by giving written notice to the other party by applying mutatis mutandis Article III, paragraphs 3 and 4 of this Agreement, if any of the following events occurs:
1. Where Gap or Eul violates each of the provisions of this Agreement, if the violation is not corrected within 10 days from the date of receipt of the peremptory notice given by the other party despite being given one peremptory notice, the agreement shall be deemed to have been rescinded on the last day of the date of correction of obligations set forth in the peremptory notice due to the reasons attributable to the party who violated the Agreement.
2. Where this Agreement has been terminated due to a cause attributable to A pursuant to paragraph 1 of this Article, A shall promptly return its partner amount to B, and where this Agreement has been terminated due to a cause attributable to B, B shall compensate for the damage of B.
* Matters of special agreement*
1. B shall be entrusted operation by Gap, but profit-sharing shall be calculated in accordance with Article 6, and profit-sharing shall be made in proportion to 35:65 profits, excluding all the expenses necessary for the operation of the store;
In this case, it is mutually recognizable that the profit is the full-time profit.
2. A shall provide facilities, equipment, furnitures, etc. (50 million won) to the stores where B opens, but the list of supply shall be open to the public.
On November 23, 2016, the Defendant requested the Plaintiff to submit data on E store sales and expenses, etc. by content-certified mail, and on the ground that the Plaintiff failed to submit the above data to the Defendant by December 12, 2016, the Defendant notified the Plaintiff of the termination of the contract for E store by content-certified mail on December 13, 2016.
E. As to this, the Plaintiff sent data on E points’ expenses to the Defendant by mail proving the content of December 13, 2016, and the Defendant settled the E points’ cost and the Defendant.