logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.14 2017나16029
정산미수금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by taking account of the whole purport of pleadings in each entry in Gap evidence Nos. 1 and Gap evidence No. 4 to 10:

The Defendant entered into a franchise franchise agreement (hereinafter “instant franchise agreement”) with the Plaintiff on April 19, 2013, with the following content: (a) and operated the instant convenience store in accordance with the said franchise agreement:

Article 5 (Agreement on Entrusted Franchises)

1. The “company” permits the “management owner” to operate a convenience store store under the “7-ECEVN system” (hereinafter “7-ECEVN”) under the uniform image of the 7-ECEVN, and, as a franchisor, continues to provide management guidance and technical support under the “7-EEVN system” and provide various services under this contract during the contract period.

In addition, after completing education for becoming a franchisee and obtaining recognition of its qualification, the “management owner” agreed to carry out the management of 7-ELVN points with the permission of the “company”.

2. The company’s “company” is owned by “company” with all assets such as stores, rental equipment, facilities for lending and other facilities, etc. which the company permitted to use to “management owner,” and the “management owner” is entitled to receive the commission for entrusted operation from “company” in return for the sales of goods entrusted by the company and the management of the store at the store.

3. The 'management owner' bears all the rights and obligations as an owner, such as the employment of employees necessary for the entrusted operation of 7-ELVN points.

Article 23 (Appropriate Maintenance, Management and Destruction of Inventory Goods)

1. The term “management owner” means the composition (type quality) of goods suitable for “7-ECEVN” on the basis of the management guidance support of the company’s “company,” and includes the shortage of products, guidance, or degradation of quality.

arrow