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(영문) 광주지방법원 2014.09.16 2014가단5154
채무부존재확인
Text

1. The obligation of the Plaintiff (Counterclaim Defendant) under the franchise agreement on August 21, 2012 with respect to the Defendant (Counterclaim Plaintiff) was 87,579.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. On August 21, 2012, the Defendant concluded a franchise agreement (hereinafter “instant agreement”) with the Plaintiff and Kim Jong-si to operate 7-LEVN (hereinafter “instant convenience store”) from the first floor of the ground building B and 7-LVN (hereinafter “instant convenience store”).

B. The main contents of the instant franchise agreement are as follows.

Article 11 (Bearing of Investment and Various Authorization and Permission Costs) (1) The terms and conditions of investment in the Plaintiff’s opening points of 7-ELVN points are as shown in Appendix 3.

Article 26 (Remittance of Sales Funds) (1) The plaintiff shall transfer daily gross sales and price reduction incentives and other miscellaneous revenues received by the plaintiff to the defendant through the bank deposit account accounts or the person designated by the defendant, through a person designated by the defendant.

Provided, That the plaintiff shall bear losses such as defaulted, stolen checks, cash, etc. before transfer.

② “Transfer of daily sales” is the result of the Defendant’s permission and cooperation in management, and supports the Plaintiff’s credit, not money that the Plaintiff may dispose of freely. Therefore, the Plaintiff shall not be notified in advance to the Defendant in advance and appropriate it for the payment of expenses not approved or consumed voluntarily.

If the plaintiff neglects his/her remittance duty without any justifiable reason, he/she shall pay additional charges to the delayed company for the remittance of 10,000 won per day of delay, and the calculation of the number of days of delay shall be calculated separately (7).

Article 47 (7-ELVN franchise fees) The Plaintiff shall pay to the Defendant the right and the right to use equipment and facilities granted under Article 7 for each fiscal month, and the cost for the Defendant’s services (7-ELVN franchise fees). The detailed details thereof shall be as follows: (10).

Article 53 (Termination of Contract by Defendant) (1) The defendant shall be as follows to the plaintiff:

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