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(영문) 서울북부지방법원 2020.10.29 2019가단4332
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who runs a wholesale and retail business of food materials with the trade name of “D”.

( de facto, the operator of the above company is the Plaintiff’s spouse B, and the Plaintiff’s act under the Plaintiff’s name is deemed the Plaintiff’s act. The Defendant is a person who has completed business registration under the name of “E” and runs a restaurant business in the Guro-gu Seoul Metropolitan Government F building.

Article 1 (Purpose of this Agreement) The Defendant shall entrust the management of the instant restaurant to G in accordance with the terms and conditions of this Agreement.

Article 2 (Business Name) G operates the instant restaurant in the name of the defendant.

III.(Transfer of Shops)

1. The defendant shall deliver to G the facilities, equipment, and fixtures inside the restaurant of this case along with G.

2. G may remodel or remodel the instant restaurant with the prior written consent of the Defendant, if necessary for the management of the instant restaurant.

Article 4 (Term of Contract)

1. The term of this Agreement is from June 1, 2016 to April 30, 2017.

Article 5 (Distribution of Profits) The defendant shall not submit G water to the total amount of sales generated.

Article 6 (Bearing of Expenses) G shall bear personnel expenses incurred in the management of the instant restaurant, and G shall bear all other expenses, such as all other expenses (charges, etc.).

Article 11 (Matters of Special Agreement) In addition to the general matters of the Agreement above, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall take precedence

1. The newness of food materials and the due date for distribution thereof shall be confirmed strictly, and the selection of enterprises shall be determined by G; and

2. The submission of the value-added tax data with respect to taxes is not attributable to the Defendant.

B. On May 25, 2016, the Defendant entered into the instant management consignment agreement (hereinafter “instant management consignment agreement”) with G as to the instant cafeteria operated by the Defendant (hereinafter “instant cafeteria”).

C. G was operating the instant restaurant in accordance with the instant management consignment agreement, and the trade name of the said restaurant was H.

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