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(영문) 대구지방법원포항지원 2017.07.07 2016가합337
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A (hereinafter “A”) contracts, etc. with an agency with respect to A’s port points (hereinafter “instant book points”). A (hereinafter “A”)

2) The building located in Nam-gu, Seoul (hereinafter referred to as “instant building”) at port.

A) On the 1st floor, A’s Posing point (hereinafter “instant posing point”).

On the other hand, from around 2011, D operated a mutually named restaurant, “E” and “F” by leasing No. 6004 of the sixth floor of the instant building. A.

Details of the contract

1. A contract for operating the trademark of the defendant (B) using the trademark of the defendant (A), the goods supplied by the defendant (B), and the goods that the defendant supplies as the goods contracted by the defendant;

2. D(A) is a defendant's business investor who pays a security deposit to A on behalf of the defendant, and is jointly responsible for the defendant's obligations set forth in this Agreement.

(b) Indication of the store in which agency contracts are to be concluded - Six stories of the Southern-gu G building at port (six stories of the building in this case);

(c) Contract term;

1. Five years from the starting date of business;

2. Scheduled commencement date of business: D on September 27, 2012;

Deposit (money KRW 300,000,000)

E. Terms and conditions

1. Contract performance guarantee (amounting to KRW 50,000,000);

2. Open reserve costs (gold thousand won, 10,000,000 won), set aside surtax - Map 10,000 won per month.

3. Sales commission: The higher amount between 6% of the gross sales and 20,000,000 won per month (excluding surtax);

4. “A” cost for one manager assigned by “A” – KRW 3,500,000 per month (Annexed Table);

5. A mileage: Settlement of actual expenses each month.

6. Inventory inspection: It shall be conducted once a year, and the total amount of LOSS shall be borne by “B”;

G. The defendant shall deposit the sales price on the same day into A by no later than 12:00 am on the following day, and A shall deduct fees and other expenses and refund the remainder on the 15th day of the following month after deducting the fees and other expenses.

Article 15 (Sales Fee) The defendant shall pay A the higher of KRW 20,000,00 per month (excluding surtax) and 6% (excluding surtax) of the total sales, as sales commission each month.

Article 16 (Dispatch of Custodians) (1) A shall carry on the defendant's business.

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