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(영문) 서울중앙지방법원 2016.11.18 2015가단204678
건물명도
Text

1. The defendant

(a) deliver to the Plaintiff Company A the real estate listed in Attachment List 1;

B. The plaintiff B.

Reasons

1. Basic facts

A. On March 10, 2015, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) concluded a sales contract (entrusted) with the Defendant for the following fee (hereinafter “instant commission sales contract”) with respect to the real estate as the owner of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”).

“A”: Plaintiff A and “B”: Defendant 1 (Definition of Subject Matters and Terms and Conditions of Transaction and Terms of Contract)

1. Indication of an object: First real estate;

2. Items handled: Chinese foods and meat.

3. Division of fees: Fee rate of “A” - 10% of net sales, and value-added tax separate;

4. Terms and conditions of payment: Payment in cash on the business day (for card sales, the banking business day) by “B” to “A”;

5. Contract term: From March 10, 2015 to March 10, 2016, Article 2 (Contract Standard) “B” is responsible for completing business licenses and business registration and cooking, processing, and selling food and meat, “B” is responsible for the management of cooks and salespersons, the employment of ice staff, and all of the management restaurants, food, safety accidents, etc., and “A” is responsible for receipt, distribution, tax reporting, and payment of the fee on behalf of the owners of the same premises.

Article 3 (Minimum Sales)

1. The amount of sales shall be deposited to “A” immediately after the occurrence, and “A” shall be paid in cash or account transfer to “B” on the day of confirmation of daily sales, on the day of cash, and on the day of the banking business day as of the date of approval.

The fee rate shall be calculated by applying the fee rate under Article 1 (3) at the end of each month.

2. Determination of the minimum standard monthly sales amounting to 200,000,000 won, and when monthly sales amount is less than two months in the minimum standard sales amount, “B” means net sales without objection in alternatives to “A”, such as re-resolution of fee rates, reduction of store size, reduction of store size, re-resolution, etc.

Article 4 (Management of Facilities, etc.) 1.

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