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(영문) 서울중앙지방법원 2014.12.18 2013가단19739 (1)
정산미수금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 16, 2008, the Plaintiff and the Defendant, and the Plaintiff, provided the Defendant with the convenience store B (hereinafter “instant convenience store”) with management guidance, goods procurement, etc. In the event that the Defendant provided goods from the Plaintiff on credit and remitted monthly sales to the Plaintiff with the goods from the Plaintiff on credit, the Plaintiff would receive profits from deducting fees and expenses from the Plaintiff, and entered into a franchise store agreement (hereinafter “instant franchise store agreement”) with a total amount of KRW 34 million from September 17, 2008 to September 16, 2010, with the contract term fixed as KRW 34 million (hereinafter “instant franchise store agreement”).

The main contents are as follows:

Article 27 Definition of Account of Mutual Accounts

1. The term “mutual account” means a continuous calculation relationship in which Party A enters, in order to make sure, the contents, progress and burden of lending and borrowing of all the claims and obligations arising between Party B from the opening point to the settlement date under this Agreement, and makes a settlement by deducting, calculating and calculating each subject of the teas and delegate in a lump sum;

Article 28 Remittance of Sales Funds

1. Eul shall deposit the total sales on each business day into the bank and account designated by Gap (the plaintiff of this case) by the next day.

Article 34 (Management of Sales Funds) A shall manage sales remitted under Article 28 by B, and conduct monthly settlement of accounts pursuant to the provisions of this Chapter.

Article 37. Income settlement

1. Profits settlement shall be finalized and paid after the settlement of all the expenses incurred during the period of accounting from the total income of member shops B;

Article 39. Contract Terms

2.This Agreement shall be considered to have been automatically extended unless the parties have expressed their intent to terminate the contract between 180 and 90 days before the expiration of the contract term, and in the event that the parties have requested the re-contract during that period, A shall not refuse the re-contract unless there is any justifiable reason to the contrary.

Article 41 Termination of Agreement

1. If either party of our two companies wishes to terminate the contract, it shall be in writing with the other party.

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