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(영문) 부산지방법원 2015.01.30 2014구합21005
변상금부과처분취소
Text

1. The portion of KRW 17,808,00 among the disposition imposing indemnity of KRW 25,156,000, which the Defendant imposed on the Plaintiff on March 10, 2014, and KRW 17,808,000, and April 1, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is a franchisor that mainly runs the mutual convenience store of “Nitton” as a corporation established with the main purpose of promoting the general wholesale and retail business, and the convenience store chain chain chain business. The Defendant is the representative of the Busan Educational University, which is a public institution established and managed by the Republic of Korea, managing land and buildings located in the Busan Educational University.

Article 1 (Purpose of Contract) The purpose of this Agreement is to prescribe the responsibilities and obligations between the Plaintiff and the Busan Educational University necessary to provide high-quality products and services to the convenience store operated by the Busan Educational University in order to improve the welfare of members of the Busan Educational University.

Article 2 (Scope of Services) (1) The Plaintiff shall supply all products, such as phrases, fruits, and beverages, to convenience stores operated by the Busan Educational University.

(2) The Plaintiff shall provide services necessary for product management and sales of convenience stores operated by Busan Educational University.

③ The Plaintiff shall provide maximum services to the faculty and students who are users of convenience stores.

(4) The plaintiff shall perform his/her duties as a good manager to maintain the dignity of the welfare facilities in the school by conducting affairs, such as employee uniforms, service management, disinfection of facilities, maintenance of cleanliness, sanitary inspection, etc.

(5) The plaintiff shall be instructed and supervised by the Minister of Education, and shall prepare two copies of an operational plan including all matters related to business, such as business policies, business plans (the number of business days, business hours, sales items and prices, etc.), and waste disposal plans, and submit two copies of such plan to the Busan Educational University within ten days from the date of the contract.

Article 3 (Provision of Services) The place of provision of services under this Agreement shall be the designated place of Busan Educational University in the Busan Educational University student support center.

(1) The contract term of this contract shall be from May 1, 201.

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