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(영문) 서울중앙지방법원 2020.06.11 2019가합523992
채무부존재확인
Text

1. As to the “E” store between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) within the D resting area in E-Si, E-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a juristic person whose business purpose is the leisure sports goods and the textile products manufacturing and sales business, and the Defendant is a person engaged in sales business, such as clothes, in the trade name of “F.”

G Co., Ltd. (hereinafter referred to as “G”) is a corporation operating a D resting area in Echeon-si (hereinafter referred to as “instant resting area”).

B. On April 8, 2010, the Plaintiff entered into an agency contract with the Defendant for the operation of the “E” store (hereinafter “instant store”) within the instant resting area (hereinafter “instant agency contract”).

At the time of the above contract, the Plaintiff and the Defendant drafted a transaction contract containing the following contents (hereinafter “instant agency contract”):

Article 1. “A” (referring to the plaintiff; hereinafter the same shall apply) shall designate “B” (referring to the defendant; hereinafter the same shall apply) as a D resting place.

Article 2 Transaction Trademarks and Products. (2) The place of business of "B" is limited to the place of sale under Article 3 of the entire goods and clothing supplied pursuant to "A" (hereinafter referred to as "goods"). The place of business of "B" is D resting places in Echeon-si C.

Article 9. <1 In the event of new installation or alteration of artificial insemination, "B" shall be governed by the artificial insemination manual determined by "A", and shall be implemented after prior consultation with "A".

(2) "B" shall, in principle, be re-established within three years from the time new installation is made with "A" and "A" manuals.

(3) In addition, even if not more than three years have passed, "A" is deemed necessary and "B" may be requested to renovate and repair the equipment, and "B" shall be implemented without delay.

Article 11. Mad Rate and the Terms and Conditions of Return separate, and 25% of the 38% of the items planning (Specialized Products) 38% of the back-to-date goods 12. “B” shall be from “A”.

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