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(영문) 서울북부지방법원 2017.05.11 2016가단29408
점포인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall draw up a separate sheet to the Plaintiff-Counterclaim Defendant (Counterclaim Defendant) in the upper half-gu, Jung-gu, Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Upon obtaining approval from the Korea Railroad Corporation for the use of the station’s premises, the Plaintiff entered into a contract on the operation of the said store for the first time on June 17, 2014 (hereinafter “instant contract on the operation of the said store”) with the Defendant, after establishing a 84.16 square meters of the shop in the part of the (Ga) shop connected each point in sequence with the Seoul Central Government Railroad Corporation (hereinafter “instant store”). On January 21, 2015, the said contract was renewed and the term of the contract was fixed from January 1 to December 31, 2015 to December 31, 2015 (hereinafter “instant contract on the operation of the said specialized store”).

B. The main contents of the instant specialized store operation agreement are as follows.

Article 22 (Period of Contract) (1) The maximum operating period for each store shall be one year upon renewal of a contract, and the maximum operating period for each store shall be by the end of the last day of the month during which three years (five years), including the date of conclusion of contract

Article 22-1 (Submission of Renewal Contract Data) (1) The Plaintiff annually requests the Defendant to submit the following documents necessary for the renewal contract when concluding the renewal contract with the Defendant: June 30, 2017; and the basic contract period: January 1, 2015 to December 31, 2015)

1. Original of value-added tax base certificate reported to the relevant tax office as the business registration number that the plaintiff concludes with the plaintiff;

2. Other documents requested by the Plaintiff relating to the conclusion of a renewed contract (management of sales and payment of sales proceeds) (3) In managing sales in the POS sales system, 90% of the monthly estimated sales amount presented by the Defendant in the business proposal must be set up as “minimum monthly sales amount”.

◇ 월 최저하한매출 설정액 : 월 23,400,000원(부가가치세 포함) 제26조 (종합원가) ① 원고는 피고에게 월매출액(부가세 포함)의 78%를 포괄적인 종합원가(상품원가, 인건비, 직접경비, 업체이윤 포함)로 지급한다.

Article 28 (Performance Security) (1)

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