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(영문) 서울중앙지방법원 2017.01.20 2016가합546963
손해배상(기)
Text

1. The Defendant’s KRW 171,786,270 for the Plaintiff and KRW 5% per annum from August 12, 2016 to January 20, 2017.

Reasons

Basic Facts

The plaintiff is the owner of the Gangnam-gu Seoul Metropolitan Government B neighborhood Living Facility No. 117 (hereinafter referred to as the "instant store").

The defendant is engaged in the franchise business of the brand called 'isl', which is a company established for the purpose of business such as the game software, coffee and beverage manufacturing, and food franchise recruitment and operation business.

On January 27, 2015, the Plaintiff and the Defendant concluded a management consignment agreement containing the following contents, with the Plaintiff’s intention to entrust the Defendant with the management of the “hoter & coffee store” at the instant store:

(hereinafter referred to as the “instant management consignment agreement”). Article 3 of the management consignment agreement [Delivery and Change of Prize” [referring to the Plaintiff; hereinafter the same shall apply] “B” (referring to the Defendant; hereinafter the same shall apply) of the instant store “B” (referring to the Defendant)” in brand “B” (referring to the Defendant; hereinafter the same shall apply) to ensure that all internal, external interior, artificial, signboards, etc. are installed to operate the instant store so as not to cause inconvenience to food sales, and “B” is engaged in the management by maintaining the site.

or “A” shall pay the expenses to “B” and “B” may implement the above contents.

Article 4 (Term of Contract) The term of this Agreement is from March 2, 2015 to March 1, 2020.

Provided, That the extension of the contract period later shall be dealt with by consultation between "A" and "B" one month before the expiration of the contract period.

Article 5 [Fee and Rent] (1) “B” shall be paid to “A” by means of reference to or remittance from the last day of each month after settling accounts of 60% of the net operating profit, separately from the rent set (V.A.T.T. separate) under this Agreement, with respect to “A”.

Article 7 [Bearing of Expenses] Expenses to be paid for food sales management during the term of this Agreement, personnel expenses, taxes and public charges, management expenses, etc. shall be included in food sales.

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