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1. The Defendant’s KRW 12,729,661 among the Plaintiff and KRW 1,508,714 among the Plaintiff and KRW 1,508,714 from October 18, 2014, and KRW 11,220,947.
Reasons
1. Basic facts
A. A. Around June 21, 2010, the Defendant entered into a franchise franchise agreement with the Korea Development Bank of Korea (hereinafter “this company”) and operated a op range DNA store in Daegu Dong-gu C (hereinafter “instant store”) from June 30, 2010.
B. On December 10, 2010, the Plaintiff entered into a contract with the Defendant to take over the instant store (hereinafter “instant transfer contract”).
On December 10, 2010, the defendant prepared a letter of certification in relation thereto, and again prepared a contract around December 21, 2010.
3. After the lapse of June 30, 2012 (two years), the Defendant (a transferee) appears to have written statements, but she appears to have written statements in writing) shall appropriate the amount less than the amount of the Plaintiff’s profit as the amount of damages for the monthly sales cost, if the Plaintiff’s profit is not the 1500,000 won per month due to the business depression.
Provided, That the amount exceeding 110,000 won per month shall be recognized as Alba personnel expenses, but the plaintiff shall be responsible for the excess amount.
If the monthly rent exceeds KRW 950,000,00,000 and exceeds KRW 350,00,00, the disposal amount exceeds KRW 100,00,00, the plaintiff
C. The Defendant, on December 10, 2010, stipulated the following provisions in relation to the guarantee of revenues in the certificate of certification issued by the Defendant.
4. After the lapse of the two-year period from June 30, 2012, which was 1.5 million won, the Defendant shall appropriate the amount of money less than the amount of damages for each month’s disposal expenses, if each month’s profit does not amount to 1.5 million won due to the business depression on the part of the headquarters.
Provided, That it shall be recognized as 110,000 won per month as personnel expenses, but the excess amount shall be responsible for the plaintiff.
In addition, the plaintiff is responsible for the monthly rent of 950,000 won, the electricity tax of 3.50,000 won, and the disposal amount of more than 100,000 won
In addition, the provisions on the guarantee of proceeds under the contract made on December 21, 2010 are as follows:
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings
2. The argument: