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(영문) 서울서부지방법원 2015.08.27 2014가단29691
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) The attached drawings in C Station D located in Seoul shall be marked in the area outside the C Station D;

Reasons

1. Basic facts

A. The Defendant Company, upon obtaining approval from the Korea Railroad Corporation for the use of the previous station D in Seoul, set up an indication of the attached drawings (1), (2), (3), (4), and (1) part (a) of 17.5 square meters inboard (hereinafter “instant store”) connected each point in sequence, and entered into a contract for the operation of the said store (hereinafter “instant contract”) with the Plaintiff on March 7, 2014, by stipulating as follows: “Business name: E and the term of the contract from March 7, 2014 to December 31, 2014” with regard to the said store (hereinafter “instant contract”).

Article 3 (Definition of Terms) (5) General costs: The commodity cost, personnel expenses, direct expenses (electric power, water supply and drainage fees, heating and cooling expenses, gas expenses, communications expenses, repair expenses, operating equipment expenses, card fees, etc.), business profits, etc. necessary for the operation of the store by Eul (referring to the plaintiff).

(6) Specialized store: A store shall not be easy to sell and inventory, and shall be operated as a type of business requiring specialized know-how, and its sales on the same day means a store which deposits monthly sales into the account of the relevant headquarters of Party A (the defendant company) or the financial institution designated by the relevant headquarters of Party A in the following day and pays a comprehensive cost in accordance with the terms and conditions of payment in a contract after settling monthly sales.

Article 15 (Access Authority to Sales, Confirmation of Registration of Sales of POS Terminals, and Inspection) (2) The sales of the POS terminal installed in the salesroom may be verified and inspected from time to time as to whether the registration and management of the sales of the POS terminal is faithfully performed.

In this regard, A may operate a myster shoter or operate a system such as customer compensation without receipts.

B shall be subject to Article 43 (1) 17 of this Agreement in the event that Party A’s confirmation of such POS terminal and inspection activities are not registered in the POS terminal at the time of sale, or where an error is registered at the site is discovered.

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