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(영문) 서울동부지방법원 2016.06.23 2015가합108695
인도등
Text

1. The defendant shall be the plaintiff.

A. The annexed drawings 1, 2, 3, 4, 4, in the waiting room of the 1st underground floor of the Seoul subway Line 3 of the Seoul subway Line 3.

Reasons

1. Facts of recognition;

A. On July 6, 2012, between subway 2 through 4, the Plaintiff entered into a contract with Seoul Meart, which is the operator of the history of subway 2 through 4, to operate a food store (e.g., coffee), five "F. Madern Group B" (135 square meters in total within the station), and the Plaintiff concluded a contract to operate a store for three years from July 6, 2012 to August 15, 2015 (the above contract was extended until August 15, 2017), five "F. A.S. Group within the station (H station, I station, J, K station, L station, M.M.)" (hereinafter referred to as the "O.S."), and concluded a lease agreement with the Seoul Meart to the same effect as the Seoul Meart.

B. On July 2012, the Plaintiff received KRW 591,120,000 as a deposit fromO and concluded a partnership agreement with an O Co., Ltd. (hereinafter “O”) that runs a franchise business for the food beverage industry by using it as a part of the deposit amount to be paid to the Seoul Meart, and concluded the partnership agreement with the following contents:

(hereinafter referred to as “instant partnership agreement.” The Plaintiff provides a store, and only the Plaintiff exercises the duty and authority on the right to lease of a store, but this contract is valid for the term of lease stipulated in the lease agreement between the Plaintiff and the Seoul metro.

O shall operate a store by bearing various expenses, such as all facilities, equipment, and management expenses, arising from the establishment of a store, and shall exercise all the authorities incidental to the store's business rights, such as facilities, equipment, and fixtures.

Monthly sales are expected to be KRW 250,000,000,000, and theO shall pay 20% of monthly sales to the Plaintiff on the basis of monthly rents and fees.

Provided, That the minimum rent, etc. shall be 50,000 won.

Both parties shall keep the conclusion of this contract confidential to external public.

C. The above 12 stores are delivered by the Plaintiff, and some stores are directly operated by the Plaintiff.

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