(영문) 창원지방법원 2019.06.21 2017가단115890

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.06.21 2017가단115890

보증금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 9, 2016, the Plaintiff entered into an agreement with the Defendant on the consignment management of D stores located in Busan Northern-gu C.

(hereinafter “instant entrustment contract”). B.

The main content was that, when the Plaintiff operated the above store under the name of the Defendant by being delivered with the facilities, equipment, and fixtures from the Defendant, the Plaintiff was obliged to pay KRW 1,00,000 per month to the Defendant with all expenses, taxes and public charges necessary for the management of the store for 12 months from April 1, 2016, and with the Plaintiff’s deposit amount of KRW 20,000,000 per month.

C. The Plaintiff paid 20,000,000 won agreed upon to the Defendant, and commenced the operation of the said store, but the Plaintiff asserted that the business is not well-founded, and continuously demanded the Defendant to terminate the instant consignment contract.

Accordingly, the Plaintiff and the Defendant agreed on August 31, 2016 on the instant consignment contract.

At the time of termination or termination of the instant contract, the Plaintiff and the Defendant agreed to immediately suspend the management of the store and prepare materials to close all issues related to the store operation 20 days prior to the termination or expiration date, submit them to the Defendant, maintain the present condition, and restore the lost natural loss to its original state in principle at the time of termination or sale by a third party. The Plaintiff waives all rights related to the cost of reconstruction or alteration and the cost of additional equipment, and pay 80% of the expiration of the contract to the Plaintiff as sales increase premium, which exceeds 40,000,000 won, if the Defendant wishes to take over at the expiration of the contract.

(Article 12. [Reasons for Recognition] / [Article 12.] of the Agreement on Entrustment of this case, Gap evidence 1, Gap evidence 3, the purport of the whole pleadings.

2. Determination:

A. The plaintiff alleged by the parties shall pay to the defendant the settlement amount of KRW 24,148,766 due to the termination of the instant consignment contract.

유사 판례

-서울중앙지방법원 2016.09.29 2015가단5334253

-인천지방법원부천지원 2020.11.10 2019가단105315

-대구지방법원 2015.05.29 2014가단28593

-서울중앙지방법원 2018.05.10 2017나51077

-서울중앙지방법원 2019.06.14 2018나68256