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(영문) 수원지방법원성남지원 2016.09.02 2016가단2818

점포인도

Text

1. The Defendants indicated in the attached Form No. 1, (2), (3), (4), and (1) of the Plaintiff’s adjacent districts located in Seongbuk-gu, Sungnam-si.

Reasons

1. Facts of recognition;

A. On November 19, 2014, the Plaintiff entered into the instant operational contract with Defendant A, and the Plaintiff entered into a specialized store operation contract (hereinafter “instant operating contract”) with regard to the size of 42.3 square meters in the part (A) inside the ship (hereinafter “instant store”) designated by Defendant A, which connects each of the items to the Plaintiff’s business system and business regulations, among the D Station located in Seongbuk-gu, Seongbuk-gu, Seoul-si, which was established by the Plaintiff with the permission of occupation and use from the Korea Railroad Corporation.

B. The contents of the instant operational agreement relating to the instant operational agreement are as follows.

1) The definitions of terms used in this Agreement are as follows: (5) General Cost: Partners (hereinafter “Defendant A”)

)The product cost, personnel expenses, direct expenses (electric power charges, water supply and sewerage charges, heating and cooling charges, gas charges, communications expenses, repair expenses, operating equipment expenses, card fees, etc.), corporate profits, etc. necessary for the operation of the store: Provided, That the internal operating expenses imposed by the Korea Railroad Corporation, the acquisition expenses at the time of authorization and permission by an administrative agency, the deposit for communications line (excluding the cost of maintaining communications line) and other expenses, such as the cost of transportation line (hereinafter referred to as “Plaintiff”).

(6)Specialized store: (6) It is not easy to sell and improve, and is operated by Defendant A as a type of business that requires specialized know-how, and its sales on the same day means the form of store in which the Plaintiff’s headquarters or a financial institution designated by the Plaintiff’s headquarters in the following day deposits monthly sales and pays a general cost in accordance with the terms and conditions of payment in the contract. (2) Article 4 (Indication of Sales) of the Act provides the outlines of the store which Defendant A can use for the operation of this business:

However, the area of the store shall be the interior facility.