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(영문) 서울중앙지방법원 2018.08.16 2016가단5312250
손해배상(기)
Text

1. The Defendant’s KRW 72,203,469 among the Plaintiff and KRW 47,340,269 among the Plaintiff, shall be KRW 24,863,200 from July 1, 2018.

Reasons

. It shall disclose the basis for calculation of the operating fee, along with relevant data, by the tenth day of the following month.

Article 8 Termination of Partnership Agreement

1.A or B may terminate this Agreement by giving written notice to the other party by applying mutatis mutandis Article III, paragraphs 3 and 4 of this Agreement, if any of the following events occurs:

1. Where Gap or Eul violates each of the provisions of this Agreement, if the violation is not corrected within 10 days from the date of receipt of the peremptory notice given by the other party despite being given one peremptory notice, the agreement shall be deemed to have been rescinded on the last day of the date of correction of obligations set forth in the peremptory notice due to the reasons attributable to the party who violated the Agreement.

2. Where this Agreement has been terminated due to a cause attributable to A pursuant to paragraph 1 of this Article, A shall promptly return its partner amount to B, and where this Agreement has been terminated due to a cause attributable to B, B shall compensate for the damage of B.

* Matters of special agreement*

1. B shall be entrusted operation by Gap, but profit-sharing shall be calculated in accordance with Article 6, and profit-sharing shall be made in proportion to 35:65 profits, excluding all the expenses necessary for the operation of the store;

In this case, it is mutually recognizable that the profit is the full-time profit.

2. A shall provide facilities, equipment, furnitures, etc. (50 million won) to the stores where B opens, but the list of supply shall be open to the public.

On November 23, 2016, the Plaintiff requested the Defendant to submit data on G store sales and expenses, etc. by means of content-certified mail, and the Plaintiff notified the Defendant of the termination of the G store contract by means of content-certified mail on December 13, 2016 on the ground that the Defendant promised to submit the said data to the Plaintiff by December 12, 2016, but failed to comply therewith.

E. As to this, the Defendant sent the data on G stores’ expenses, etc. to the Plaintiff by mail proving the content of the G stores on December 13, 2016, and the Plaintiff’s settlement of expenses and the Plaintiff.

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