약정금
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
In full view of the purport of each statement in Gap evidence Nos. 1 and 2, the fact that the defendant company, which conducts the recruitment and management of credit card holders, etc., entered into a service contract for the recruitment of member stores individually with the plaintiffs, can be acknowledged. The plaintiffs of Article 1 of the service contract for the recruitment of member stores perform the business of "solicitation" among the "Recruitment and management of member stores" performed by the defendant, and provide services at the defendant's request.
The term "solicitation" in this contract within the scope of solicitation means the business of collecting applications for membership of a franchise store from a third party (member shop) who wishes to join the defendant's franchise store and submitting all of the draft documents to the defendant after completing procedures for verifying the facts of the details of the application and required documents and verifying the business status of the place of business in accordance with the bylaws determined by the defendant.
Article 3 Approval of the franchise store shall examine the documents submitted by the plaintiffs to the membership of the franchise store in accordance with the internal rules, and shall approve only the business places deemed appropriate as the result of the examination as the franchise store by the defendant.
Article 4 (Payment of Fees) The defendant shall complete computerized registration for a business establishment approved pursuant to the procedures prescribed in the preceding three Articles among the recruitment documents directly submitted by the plaintiffs to the defendant, and may pay "fee" according to the number of registered business establishments.
Provided, That if the plaintiffs have failed to pay the defendant's claim, it may be offset against the relevant amount as well as the delayed payment of the fees prescribed in this contract. In this case, the plaintiffs do not raise an objection to the defendant.
(2) "Fees" in paragraph (1) shall be based on the criteria separately determined by the defendant.
The plaintiffs' assertion and judgment are based on the number of member stores recruited by the plaintiffs in accordance with the above service contract for soliciting member stores when the member stores recruited by the plaintiffs are approved as the defendant's member stores.