logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.30 2017가합550303
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly and severally against the Plaintiff (Counterclaim Defendant);

(a) 119,270,271 and any of them;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a franchisor with the right to operate a franchise business of “D” as a company whose business purpose is an external franchise business, etc., and Defendant C is the representative director of the Defendant Company, and the Plaintiff is a franchisee who entered into a franchise agreement with Defendant Company on December 30, 2016.

B. On December 2016, prior to the conclusion of the instant consignment operation agreement and the instant franchise agreement, Defendant C presented to the Plaintiff the document stating “D business outline” and recommended the Plaintiff to enter into the instant franchise agreement with the Defendant Company by explaining that the monthly sales amount of KRW 78.75 million, monthly general management expenses of KRW 50,550,000, monthly general management expenses of KRW 78.750,000, monthly general management expenses of KRW 5050,000, monthly estimated earnings (monthly general management expenses of KRW 28.2 million), and that the Plaintiff would enter into the instant franchise agreement with the Defendant Company.

The entrusted operation contract of this case

4. Profit sharing: To be based on the following table:

(Units: 5% (Additional Tax) of the monthly sales revenue of the Plaintiff: 6,000 1,000 300 180 : 5: from March 2017 to February 7, 2018 350 5: 58,000 1,100 350 5: 58,000 1,300 400 5: 55:

5. In operating E points, Defendant Company shall guarantee the Plaintiff the minimum amount of operating income of KRW 10 million. If the minimum amount of operating income does not accrue, the Defendant Company shall pay to the Plaintiff the shortage.

6. The amount of profit sharing from entrusted operation shall be based on monthly sales as shown in the above table, and the upper limit of the amount shall be KRW 13 million for the truster and KRW 5 million for the trustee, and the excess amount of profit shall be allocated to five:

8. The settlement of the end of each month shall be closed by the fifth day of the following month, and the settlement of profits shall be 10 days. If the amount of profits allocated to the plaintiff is 10 million won per month, the minimum amount of profits distributed to the plaintiff.

arrow