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(영문) 서울중앙지방법원 2018.03.23 2017가단5136873
보증금반환
Text

1. The Defendant paid KRW 7,072,839 to the Plaintiff KRW 6% per annum from July 1, 2017 to March 23, 2018.

Reasons

1. Basic facts

A. The defendant's status and store types are companies established for the purpose of manufacturing and selling cosmetics, and franchise store recruitment and operation.

The sales stores selling the Defendant products are classified into three types as follows:

Direct store: The store directly operated by the Defendant bears all the rights and obligations, such as the operation, management, and sale, and the employees of the store receive wages from the Defendant under the jurisdiction of the Defendant; the ownership of the goods, etc. sold in the store is given to the Defendant; and the sale of the goods is entirely charged to the Defendant; and the intermediary manager bears all the rights and obligations, such as the operation, management, and sale, of the store: A franchise store that has entered into a franchise agreement with the Defendant with the Defendant, and sells the goods under his/her responsibility, and gains profits therefrom.

B. On June 1, 2016 through May 31, 2017, the Plaintiff entered into an intermediate management transaction contract (entrusted sales contract) or a franchise agreement with the Defendant, and, on March 20, 2017, the Plaintiff’s head of the Plaintiff: The Plaintiff’s principal of a unilateral discontinuance of transaction: The Defendant’s principal of a unilateral discontinuance of transaction: From December 15, 2016 to December 14, 2017, the 50 million won store (excluding five million won franchise) store was converted into a franchise store from August 27, 2009 to an intermediate management store on June 1, 2014.

From June 1, 2014 to June 30, 2017, the initial contract term was until May 31, 2015 (Evidence 6), but it seems that it had been renewed later.

On June 30, 2017, the Plaintiff’s Director: 10 million won was concluded before 2014 in light of the Plaintiff’s certificate No. 4 on the date of the unpaid Ba Ba Ba Ba Ba Ba Ba Ma.

On June 30, 2017, a security deposit, the expiration date of which is June 30, 2017.

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