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(영문) 서울중앙지방법원 2016.09.23 2015나61858
점포인도등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

(a)for the last day of the month of the conclusion of the contract, including the day, for which three years (five years) have elapsed since that year;

(Scheduled Date of Termination of the Maximum Operating Period: October 31, 2016: Provided, That in the case of an annual renewed contract, it may not be a renewed contract, if the annual renewed contract is less than 90% of the average monthly sales (including value added tax) of the business plan proposed by the first B without a sudden economic depression and any similar reason, or if the sales performance is less than 90% of the total sales in the previous year and the act of violating the contract or the filing of a civil petition is repeated three times or more a year.

[Article 25] (Management of Sales and Payment of Sales Proceeds) (3) In managing sales by the POS sales system, 90% of the monthly estimated sales amount presented in the business proposal should be set up as “minimum monthly sales amount”.

The amount of sales revenue management (business proposal monthly sales) of the store name sales (including value added tax of KRW 21,300,000 per month of the POS actual sales system 21,300,000 per month, which is the minimum monthly sales revenue of KRW 19,170,00 per month; Article 26 [including value added tax] (general cost)] (Article 26] (1) A shall pay to B 78% of the monthly sales (including value added tax) as a comprehensive comprehensive cost (including product cost, personnel expenses, direct cost, and corporate profit).

Provided, however, with respect to the difference sales that the POS room sales store was not different from the monthly lowest sales agreed with A, it shall be deducted from the total cost to be paid by B equivalent to the Party A’s fee rate (100%-general cost rate) out of the insufficient sales (in the case where at least two general cost are operated, the highest total cost of the sales shall be calculated based on tiny, whichever is the highest). (4) If the store name does not normally fail after termination of the contract, the Party A reserves the payment of the general cost to B until the completion of the sales name.

[Article 28] (Performance Security Deposit) Performance Security Deposit shall be limited to the principal of the Performance Security Deposit after the expiration of a specialized store operation contract, and the restoration to the original state of the Burial has been completed.

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