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(영문) 수원지방법원 2020.11.19 2019나80848
약정금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On March 23, 2018, the Plaintiff entered into a sales consignment agreement (hereinafter “instant sales consignment agreement”) with the Defendant with the following content to entrust the operation of the cafeteria building in Seongdong-si, the Mannam-si, and the cafeteria of the second floor “D” (hereinafter “instant cafeteria”).

The plaintiff shall be Gap, and the defendant shall be Eul and the parties shall enter into a business entrustment agreement as follows:

(other than all expenses, the remainder shall be the 50th and 50th) remuneration of section 10.

1. All business expenses shall be jointly borne by Gap and Eul.

3. Of the sales of this consignment business, Gap shall manage the card sales, Eul shall manage the cash sales, and shall autonomously order all the goods (high, food materials, and industrial products), but in principle, prior payment shall be made, and both Gap and Eul shall be jointly responsible.

Provided, That even if it is a business day, the liability shall be limited exclusively to B in the event of any credit transaction or failure that A may incur.

5.Settlement and distribution shall be made on the first week of the following month, and shall be made after calculation through the accounting office of all sales, card fees, and comprehensive income tax in the settlement of accounts.

At the beginning of entrustment under Article 12, A shall receive alcoholic beverage loans in the name of A, and make an initial investment in the facilities and purchase of the store facilities and purchase of B, which is required or required by B, and the repayment shall be made first with the profits of this store for ten months.

Article XIII (A) If, in the case of a separate statement, the sale of the main shop of Eul is significantly lowered, A may require or consult with B to take measures for improvement of sales, and this Agreement shall be deemed to be waived without any justifiable reason when the demand or consultation is refused or not performed without reason.

In addition, when two consecutive months have occurred due to the management of Eul, this contract is abandoned without the conditions of Eul, and the outstanding portion of alcoholic beverage loans out of the existing loan is the joint responsibility of Gap and Eul.

except that;

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