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(영문) 서울중앙지방법원 2015.02.06 2014나31386
점포인도 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment is revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff and the Defendant entered into a contract for the operation of a specialized store (hereinafter “instant contract”) with the term of contract from March 22, 2012 to December 31, 2012 with respect to the size of 16 square meters in part (A) inside the ship connected with each point in sequence 1, 2, 3, 4, and 16 square meters (hereinafter “instant store”). The main contents of the contract are as follows.

[Article 25] (Opening of Daily Sales and Deposit of Sales Proceeds) (1) The adjustment of daily sales in a store managed as a minimum daily sales shall be requested to B to increase the sales if it falls short of the actual sales through an examination of sales for a certain period after six months have elapsed from the date of commencement of the business, taking into account all business conditions, after the date of commencement of the business.

(4) Notwithstanding paragraph (1), a store whose conditions for the management of actual sales are not satisfied or which is inappropriate for the management of actual sales in terms of business policy may be operated by mixing a monthly minimum sales and a daily minimum sales or by managing a daily minimum sales.

The amount of sales management for the store name (project proposal sales) and the amount of monthly low sales for the store name (including the product cost, personnel expenses, direct expenses, and corporate profits) plus the minimum monthly low 13,500 5,00 won (including VT): 12,150,000 won (including value added tax) per month (Article 26) (1) A shall be paid to B as a comprehensive comprehensive cost (including the product cost, personnel expenses, direct expenses, and corporate profits).

Provided, That with respect to the difference sales that the POS actual sales store was not different from the monthly lower sales amount agreed with A, it shall be deducted from the general cost to be paid the amount equivalent to the Party A’s fee rate (100%-general cost rate) out of the sales amount (in the case of operating at least two general cost, the highest total cost rate out of the sales amount shall be calculated on the basis of the highest total cost rate in the case of operating at least two general cost). [Article 30] (Construction of POS System and Operation of Seoul Metropolitan Kabmera) (8) The sales amount of B is inevitable, such as power failure, breakdown, etc.

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