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(영문) 서울중앙지방법원 2015.09.24 2014가단161828
점포인도등
Text

1. The defendant shall indicate, ②, ③, and No.44, the annexed drawings in the 1st floor of the C station in Seocheon-gu, Seocheon-gu, Busan.

Reasons

1. Basic facts

A. On February 23, 2010, the Plaintiff entered into a contract for specialized store operation (hereinafter “instant contract for specialized store operation”) with the Defendant as to the size of 30.69 square meters in the part of the store (A) in the ship (hereinafter “instant store”) connected each point in the C basin 1, B, III, D, and D, in sequence with the Defendant on the one hand of the 30.69 square meters of the store located in Seocheon-gu, Seocheon-gu.

Since then, the period was extended by December 31, 2012 by concluding an annual renewal contract.

B. The main contents of the instant specialized store operation agreement are as follows.

Article 22 (Term of Contract) (1) The standards for calculating the amount of investment during the basic contract period of a railroad station store shall be applied by applying the average amount of investment expenses calculated by aggregating the amount of investment expenses for each business area.

Provided, That the maximum operating period for each store shall be one year at the time of renewal, and the maximum operating period for each store shall be by the end of the month of conclusion of the contract which has passed three years (five years), including the date of conclusion

(Scheduled Date of Termination of the Maximum Operating Period: February 28, 2015: Provided, That in the case of an annual renewed contract, the renewal contract may be exempt from the renewal contract, if the annual renewed contract is less than 90% of the average monthly sales of the first business plan proposed by the defendant without a sudden economic depression and any similar reason, or if the contract is breached or the civil petition is filed with less than 90% of the previous year’s gross sales, or if the contract is conducted in an unfaithful manner not less than three times a year.

Article 25 (Deposit of Daily Sales and Sales Proceeds) (8) The defendant shall deposit the sales proceeds on the day into the account of the relevant headquarters of the plaintiff or the financial institution designated by the relevant headquarters of the plaintiff during the next morning, and the time of settlement of daily sales shall be the last day of each month.

Article 26 (General Cost) (1) The plaintiff shall pay 84.0% of the monthly sales to the defendant as a comprehensive comprehensive cost.

Article 27 (Payment of General Cost) (1) The Plaintiff shall divide the monthly total sales to be paid to the Defendant into upper order (one to fifteen days) and lower order (one-six days to the last day). The Plaintiff shall pay the following standards:

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