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(영문) 의정부지방법원 고양지원 2018.08.24 2017가합75517
가맹금반환
Text

1. As to KRW 34,957,674 among the Defendant-Counterclaim Plaintiff and KRW 33,571,000 among the said money, the Plaintiff (Counterclaim Defendant) shall have the effect on September 2, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who operated the health club (hereinafter “instant health club”) under the trade name “E” located in the Gu Government-si (hereinafter “E”).

The defendant is a person who operated the "C" located in Ilyang-si, Ilyang-si, and is operating a personal business for the purpose of the start-up and the entrusted operation of the health center from around 2009, in addition to the operation of the above health center.

B. On June 20, 2016, the Plaintiff entered into an entrustment contract with the Defendant (hereinafter “instant contract”) with the Plaintiff (A) and C (B) on the terms and conditions as follows. Article 1 / [Purpose] A shall employ B and consent to the contract for the purpose of business activities so that sales to the instant healthcare may occur, in accordance with the terms and conditions of this contract. Article 2 / [Period of Contract] The term of this contract shall be from June 20, 2016 to sales. Article 3 / [Bearing of Expenses] The term of this contract shall be from June 20, 2016 to June 20, 2016. The establishment of this contract with the Defendant only for the purpose of business activities and profit-making without any investment expenses, and thereby, the Plaintiff shall bear all expenses necessary for the operation of the workplace (the interior, public relations expenses, labor expenses, refund expenses, public imposts, fines, monthly expenses, management expenses, food expenses, lodging, etc., and the amount of the account books may not be claimed from the Plaintiff at any time during the contract term of account books [Article 4].

-payment of 15 percent of the total sales - payment of 20 million won or more to the total sales - payment of 20 percent of the total sales - payment of 25 percent of the total sales - payment of at least 40 million won to the total sales - payment of at least 30 million won to the total sales - payment of at least 30 percent of the total sales - payment of at least 30 percent of the total sales - payment of at least 50 million won to the total sales for less than 40 million won to the total sales - payment of at least 50 million won to the total sales.

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