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(영문) 수원지방법원성남지원 2015.07.21 2014가단29048
점포인도 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall draw up a separate sheet in the C Station B located in Seongbuk-gu, Sungnam-si.

Reasons

The main lawsuit and counterclaim are also finite.

1. Basic facts

A. On April 29, 2013, the Plaintiff entered into a contract with the Defendant to operate the instant store. On February 14, 2014, the term of the contract was fixed from January 1, 2014 to December 31, 2014, and the Plaintiff again entered into a contract (hereinafter “instant contract”). The key contents are as follows.

- - Future -

2.The definitions of terms used in this Agreement in Article III of the General Conditions are as follows:

(2) The term "daily sales" means the total amount of cash sales, credit settlement sales, and non-cash sales generated during one business day in the store.

Article 15 (Access Authority to Sales, Confirmation of Registration of Sales of POS Terminals, and Inspection) (2) The plaintiff permitted to enter the sales outlet may frequently check and check whether the sales through the POS terminal installed in the sales outlet is faithfully implemented as at the time of sales.

In this regard, the plaintiff is able to operate the Myter shotper or operate a system such as customer compensation without receipts.

The defendant shall apply Article 43 (1) 17 of this Agreement when the plaintiff's confirmation of the POS terminal and inspection activities are not registered in the POS terminal at the time of sale or when an error is discovered at the site, and the plaintiff shall immediately terminate the contract for the operation of the specialized store where the plaintiff is discovered three times as the same matter within 12 months from the first launch date (including the first launch).

Article 25 (Management of 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 by the Defendant in the business proposal shall be determined as “minimum monthly sales”.

6. Sales at the lowest monthly minimum: 11,340 won (including value-added tax) per month.

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