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(영문) 울산지방법원 2014.07.08 2013가단750
손해배상(기) 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,757,761 to the Plaintiff (Counterclaim Defendant) and its amount from January 29, 2013 to July 8, 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is a company that operates a mutual convenience store, i.e., “fishing range range range.”

B. On June 29, 2010, the Plaintiff entered into a rental franchise agreement with the Defendant (hereinafter “instant franchise agreement”) with respect to the instant store B convenience stores (hereinafter “instant store”) with the term of five years (hereinafter “instant store”).

C. The main contents of the instant franchise agreement are as follows.

Article 9 (Areas where Management is Permitted) (2) When the plaintiff establishes a franchise store (including a direct store) within 50 meters from the defendant's store, he/she shall notify the defendant thereof, and when the defendant is unable to give consent to the opening point, he/she shall process it through mutual consultation.

At this time, consultation shall be made in writing accompanied by reasonable data, such as changes in the operating profits of the defendant store following the establishment of new stores.

Article 10 (Liability of Defendant’s Investment and Various Authorization and Permission Costs) ① Investment conditions in the Defendant’s three equipped range points are as listed in the separate sheet (5).

as the same shall apply.

Article 22 (Prohibition of Business Hours and Concurrent Operation) ① In principle, the Defendant shall conduct annual absences and 24 hours a day during the duration in which this contract remains in existence, in order to meet the consumer’s expectations with the three equipped range.

Article 25 (Remittance of Sales Amount) (1) The defendant shall transfer daily gross sales and price reductions, purchase incentives, and other miscellaneous income received by the defendant to the plaintiff through the bank account accounts designated by the plaintiff or through a person designated by the plaintiff.

② “Transfer of daily sales” is supported by the Plaintiff’s credit, not money that the Plaintiff can freely dispose of, as a result of the establishment of a opport through the Plaintiff’s permission and cooperation. As such, the Defendant shall not notify the Plaintiff in advance and appropriate it for the payment of expenses not approved.

If the defendant neglects his obligation to remit without any justifiable reason, the defendant neglected to do so.

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