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(영문) 창원지방법원 2018.07.12 2017나56558
약정금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

(2) On July 30, 2014, the Defendant sent the text messages requesting the settlement of KRW 2,139,000 in total at the cost of the website design and veckcco exhibition. On the same day, the Defendant sent KRW 2,139,000 to D on the same day, stating that “a refund to be terminated upon a director’s contract” was “a refund to be returned.”

The defendant paid KRW 1.5 million to D on the following day.

E. Since August 16, 2014, the Plaintiff and the Defendant drafted the following agreements with respect to G franchise business:

(hereinafter referred to as the “instant arrangement”) . (1) When the principal concludes a franchise, 40% of the fee shall be paid, except for the initial volume expenses. (2) The management allowance shall be paid 30% of the franchise fee per month.

3) 10% business fees shall be paid at the time of the conclusion by another person. 4) Seoul and Gyeonggi areas shall pay 20% of the franchise fees if the person was affiliated.

5) 40% of the fee shall be paid if the person in question has been affiliated with the Seoul and Gyeonggi regions. 30% of the management fee, franchisium, and franchisium shall be paid. * The time of implementation of the above contract shall be recognized and implemented as at the time the first franchise was made (the first franchise fee shall be 50%).

* Payment after deducting 3.3% of the amount of income (for income declaration). [Grounds for income declaration] without dispute, Gap evidence 1, Eul evidence 2, 9, 10, 23 and 27 (including each number; hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff’s instant agreement was concluded for the settlement of profits under the E business agreement, and the said agreement remains in force at present. As such, the Defendant is obligated to pay 10% of the amount the Plaintiff received as total franchise expenses as sales fees and 30% of the amount the Plaintiff received as total franchise fees for each franchise store as management allowances.

B. The Defendant’s instant agreement is not a partnership agreement, but an allowance contract for the Plaintiff’s franchise store’s business activities, at the Plaintiff’s request after the termination of the E partnership agreement.

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