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(영문) 서울중앙지방법원 2014.07.17 2013가합537050
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 59,018,660 to the Plaintiff (Counterclaim Defendant) and its related amount from November 7, 2013 to July 17, 2014.

Reasons

. At the time of termination, the cost of the inventory of merchandise coupons in the account book is KRW 313,400, and in fact, the cost of the inventory remains at KRW 28,500.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 284,900 (=313,400 won - 28,500).

This portion also does not have any difference between the Plaintiff’s claim amount and the quoted amount as in the inventory product amount. D) The Plaintiff asserts that the total inventory loss amount should be calculated by regarding the total inventory amount as in the account book as in the inventory loss amount. However, as in the above, the remaining inventory amount in the convenience store of this case has been transferred to another convenience store of the Plaintiff, it should be calculated by deducting the actual inventory amount in the account book from the total inventory amount: 49,99,98,019, inventory loss amount: 12,068,029, 12,068,029, 25: 45% of total sales amount * 4,99,980 * 1:7,068,049 - 12,068,029 - 4,99, 980 - 9, 365% of the total inventory loss amount x 45% of the total inventory loss amount x 465% of the account book x 46565% of the total inventory loss amount.

[] Since the fact can be recognized, the shortage amount of inventory loss amount shall be deemed to be 12,068,029 won (=31,417,272 won - 19,349,243 won). It shall be deemed to be 629,586 won as follows when calculating the excess amount of inventory loss, such as the addition (7) of the instant franchise agreement. (E) The Plaintiff redeeming the minimum import subsidy should return the minimum import subsidy that was paid to the Defendant on the ground that the instant franchise agreement was terminated due to the Defendant’s unilateral breach of contract.

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