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(영문) 서울서부지방법원 2019.01.31 2015가합38347
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2014, the Defendants entered into an entrusted operation contract with D and E (hereinafter referred to as “Defendant, etc.”) with the Defendants, who entered into the entrusted operation contract with F Co., Ltd. (hereinafter referred to as “F”) and H, I, and J (hereinafter collectively referred to as “instant store”) with the H, I, and the H, H, which are directly managed by F (hereinafter referred to as “instant entrusted operation contract”) for two years. On September 22, 2014, a notary public was certified as K joint law office, etc. as 95 for the aforementioned contract. The main contents of the said contract are as follows.

Entrusted Operation Contract

3. Deposit for direct operation: 400 million won.

(a) The above deposit shall expire upon the expiration of the contract;

4. Period of direct operation: From May 16, 2014 to 24 months.

5. Entrusted operation fees: A three-five million won shall be guaranteed each month for the determination of the amount of KRW 35 million prior to the three years each month;

Of them, 10,660,000 won will be repaid for 24 months as principal. 6. Sales operation method: Business registration, business license certificate and card terminal(s) shall be operated as existing.

Provided, That the amount exceeding the cash sales and revenue guarantee shall be deposited into the account designated by the F.

7. The actual operation of the store shall be carried out by the F in person.

8. F responsibilities: Efforts shall be made in accordance with the principle of good faith to ensure that the stores operated by entrusted operation are operated smoothly, and profits in three stores shall be paid preferentially to the distribution, rent, personnel expenses, etc.

Provided, That all taxes related to three stores shall be borne by F and the defendant, etc. half by half.

9. Right of rescission;

(a) If the F is unable to repay the principal and fees for at least two months;

(b) Where the F is unable to pay rents and personnel expenses for at least three months;

C. If the contract is cancelled due to the above reasons, the store operation right will belong to the defendant, etc., and the defendant, etc. will enter into a contract with the F.

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