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(영문) 서울중앙지방법원 2015.02.11 2013가단269053

채무부존재확인

Text

1. The Plaintiff’s Defendant with respect to the termination of the three equipped range between the Plaintiff and the Defendant’s three-day-ray convenience store franchise agreement.

Reasons

1. Basic facts

A. On March 13, 2010, the Plaintiff entered into a franchise agreement and terminated 1) if the Plaintiff supplied goods on credit from the Defendant and sold them to consumers on credit and transfers the sales proceeds to the Defendant daily, the Plaintiff shall enter into a franchise franchise agreement (hereinafter “instant franchise agreement”) with the content that the Defendant operates B convenience points for five years in the manner that the Defendant pays to the Plaintiff the balance remaining after deducting various operating expenses from the credit sales amount and monthly sales income, and the balance remaining after deducting various operating expenses.

(2) From March 31, 2010, the Plaintiff entered into a franchise agreement and operated B convenience stores. However, on July 18, 2012, the Plaintiff sent a content-certified mail demanding the cancellation of the franchise agreement to the Defendant on the ground that it was unable to operate the store any longer due to business deterioration. The instant franchise agreement was terminated on November 7, 2012, which was three months after the notification of the termination under Article 51. The portion relating to the instant matter in the franchise agreement is as follows: (i) - - [7-EEN franchise agreement]: Defendant 17: (a) the opening preparations fee and reserves for operating the store (such as opening sales promotion expenses) are included in the opening expenses; (b) the store operation reserve (such as goods, money supplies, exchange supplies, etc.); and (c) the amount of money transferred or the amount of money transferred to the bank that was designated by the bank “A” on the day it is not the amount of money transferred by the bank “B” on the day it is not the amount of deposit purchase.