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(영문) 수원지방법원안양지원 2017.08.31 2016가단111872
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts - The defendant is a company mainly incorporated for the wholesale business, retail business, and distribution business, and is operating the headquarters of the mutual convenience store "B".

On October 22, 2012, the Plaintiff entered into a franchise agreement (D) with respect to No. 116 of the Gu C Building 116 during Ansan-si around October 2, 2012, and again entered into the franchise agreement (F) with E and 106 during Ansan-si around March 11, 2014.

(The above franchise agreement is referred to as "each of the instant stores," and each of the above stores is referred to as "each of the instant stores. At the time of entering into each of the instant contracts, the Plaintiff paid to the Defendant KRW 32 million each of the sub-lease deposit, KRW 15 million each of the minimum driving funds, KRW 7 million each of the instant sub-lease deposit, KRW 7 million in the case of D stores, and KRW 4.4 million in the case of F stores, respectively. -

On the other hand, according to each of the contracts of this case, the plaintiff paid the sales amount of each of the above stores to the defendant in full, and the defendant paid to the plaintiff the remainder after deducting royalties and law from gross sales profit.

A (Defendant), Article 41 (Inspection of Actual Inventory)

1. In principle, an on-the-spot inventory inspection shall be conducted with respect to the inventory of the goods, the package food materials, and the materials to be stored in B;

Article 42 (Method of Conducting Inventory Inspection)

1. A shall notify B of the actual inventory inspection in advance by three (3) days, orally or in writing, and may be conducted without notice in urgent cases;

2. A shall prepare in writing the results of the actual inventory inspection and provide them to B.

3. The actual inventory inspection may be conducted by A himself or by entrusting it to a third person designated by A.

Article 51 (Termination of Contract by Party B)

1. Article 59 / [Good Faith] Any matter not provided for in this Agreement and any other contract or any objection arising therefrom shall be governed by the relevant Act and subordinate statutes, if Party A is in violation of this Agreement and the provisions of the contract incidental thereto, and if Party B does not comply with the peremptory notice of Party B.

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