logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.05.23 2015나16233
담배광고비 정산금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance, the part against the plaintiffs in the reasoning of the judgment of first instance shall be quoted as

However, part of the following shall be cut:

2. On the 9th upper part of the judgment of the court of first instance, the part “for each convenience store, through an individual arrangement with each convenience store” shall be deleted.

In the end of the 11th judgment of the first instance, "(the specific amount of claim by the plaintiff shall be the same as the corresponding part of the period of request by plaintiff 1 and the amount of claim" shall be added.

Of the grounds for the judgment of the court of first instance, the part of paragraph (3) of this Article (from 16th to 17th of the judgment of the court of first instance) shall be applied as follows:

3. As to the plaintiff H's assertion of the amount of preliminary sales profit settlement

A. Plaintiff H’s assertion 1) If the Defendant had the right to receive 35% of the franchise fee rate, as in the distribution ratio of the total sales profit, as in the instant maintenance and management expenses, the Defendant is obligated to settle the remainder of 65% of the instant maintenance and management expenses, and in fact, only the amount less than 65% of the instant maintenance and management expenses was paid to Plaintiff H. Accordingly, the Defendant is obligated to pay KRW 3,643,237 as the sales profit settlement amount from August 2009 to June 2012.

(Voluntary details are 13,833,560,190,323,643,237 attached Form 2-8). (B) The difference between the amount paid by the Plaintiff’s tobacco company (won) and the amount received by the Plaintiff (won) is 13,83,560,190,323,643,237.

Judgment

1. The fact that the Defendant paid the amount indicated in the “Plaintiff’s Advertising Subsidy” column in attached Form 2-8 from August 2009 to June 2012 in relation to the convenience store operated by Plaintiff H is as seen earlier.

According to the above statement of payment amount, the sum of advertising subsidies that Plaintiff H received from the Defendant during the above period is KRW 10,190,323, and the Defendant has paid for the same period from the tobacco company in this case as to the above convenience points.

arrow