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(영문) 서울중앙지방법원 2018.06.28 2015가단5105714 (1)
손해배상(기) 등
Text

1. Defendant B’s KRW 83,136,863 as well as 5% per annum from June 19, 2015 to June 28, 2018, respectively, to the Plaintiff.

Reasons

1. On November 25, 2013, the Plaintiff entered into a contract under the direct operation of the G directly operated shop (hereinafter “instant contract”) with Defendant B to grant the above Defendant the right to operate the “E directly operated shop” (hereinafter “E store”) with the person who sells the short film with the trade name of “D.”

The main contents of the instant contract are as follows.

D (A) and F Company B (hereinafter referred to as “B”) enter into a contract with respect to the entrusted operation of a store directly operated by GH (hereinafter referred to as “store”) as follows:

§ 1. [Business License Granting/Business Area]

1. A shall grant B the right to operate a store under a uniform image using the name of the store and the management know-how of the store developed by A, and B shall operate a store under Article 3 with the guidance and support of A;

Provided, That this does not act as an agent for A in any case.

3.B shall not carry on any other business without Party A’s prior written consent, or sell goods other than those recognized by Party A, or provide labor.

Article 3 (Deposit)

1. “A” store means one floor of H building in Seoul.

2. The structure of burial, inside and outside decorations, display of shops, signboards, etc., shall be borne by A, and additional matters concerning renovation, repair, and alteration shall be borne by B according to the direction of A, and such matters shall be implemented by B;

3. B, separate from the prices of goods, the amount of KRW 6,00,000 per month from December 1, 2013, which is the point of validity of the contract, shall be paid in cash as of the end of the current month to A.

A shall bear the rent and management expenses of the stores directly managed by E.

[Purchase of Goods]

1. Eul must purchase from Gap all goods sold in the store.

Article 11 [Benched Goods / Contract Deposit/Deposit]

1.A million won of down payment shall be included in the daily total of 3,000 Won, and the down payment shall not be refunded.

2...

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