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(영문) 서울중앙지방법원 2014.10.14 2013가단314632
점포인도 등
Text

1. The defendant shall be the plaintiff.

(a) The indication of the attached drawings inside the boundary of the Gu in Ansan-si shall be as follows: (1), (2), (3), (4) and (1); and

Reasons

1. Facts of recognition;

A. On June 10, 2009, the Plaintiff and the Defendant are in charge of the operation of the store upon obtaining approval for the use of the station from the Korea Railroad Corporation.

A specialized store operation contract was concluded with the store listed in the subsection (hereinafter “instant store”).

(2) The foregoing operating contract was renewed every year, and the Plaintiff and the Defendant finally concluded the contract term from January 1, 2013 to December 31, 2013, and entered into a specialized operating contract (hereinafter “instant contract”).

Article 25 (Lump-Sum Sales and Payment of Sales Proceeds) (3) In managing sales by the POS sales system, an amount equivalent to 90% of the monthly estimated sales presented in the business proposal by B shall be determined as "minimum monthly sales".

Article 26 (General Cost) (1) A shall pay 78% of monthly sales (including value-added tax) to B as a comprehensive comprehensive cost (including product cost, personnel expenses, direct expenses, and corporate profits).

Article 30 (Establishment of POS System) (7) B shall be sold after registration with the POS system except in extenuating circumstances, such as power failure, breakdown, etc. in selling goods.

Article 40 (Termination of Contract) (1) A shall terminate a contract after giving prior notice and peremptory notice in writing, if B fails to fulfill the terms and conditions of the contract as follows:

3. Where sales and registration through a separate POS terminal or similar terminal not approved to Gap, or cash receipt issued to Eul, which is not a franchise store of Gap, or credit card payment was made;

8. Where Article 30 (7) is violated three times within 12 months after the date of initial launch, such as entering the amount of the POS terminal not used or sold, in a different way from the sales amount, or intentionally returning and disposing of the amount, and omitting sales, etc., the penalty provision under Article 43 (1) 16 and 17 shall apply.

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