(영문) 서울중앙지방법원 2016.11.30 2016가단5028050

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자간(%)

(영문) 서울중앙지방법원 2016.11.30 2016가단5028050

보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 125,68,50 and the interest rate of KRW 15% per annum from July 20, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On September 13, 2010, the Plaintiff entered into an operational service contract with the Defendant with respect to the operation of “B,” a part of the first floor underground of the department store department store,” which was established by the Defendant by leasing a part of the first floor below the department store department store (hereinafter “instant sales contract”), and paid KRW 75 million to the Defendant by the same day in accordance with the instant operating contract.

The Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) are aware of the following and enter into a contract so that “B”, a unique brand of “B”, may be used and operated by B:

This contract is mutually aware that all the rights of the store are granted to A as a contract for the operation of store, not the franchise franchise agreement.

Article 2(1)(1)(1)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(

Article 3 (Distribution of Profits) A shall set 5% of the sales as sales revenue in the case of sales of at least 20 million won, and 3% of the sales revenue in the case of sales of not more than 20 million won.

(2) In principle, the term of the contract shall be automatically extended without any change in the conditions per year.

B. Furthermore, at the time of entering into the instant operational contract, the Plaintiff prepared a custody certificate with the Defendant as follows.

The defendant (hereinafter referred to as "A") shall receive KRW 75 million from the plaintiff (hereinafter referred to as "B") and keep the same in custody, and shall return it later in accordance with the separate documents prepared by the plaintiff (hereinafter referred to as "B") in compliance with the following conditions:

B is aware that in the event of a violation of the content of documents written with A, the difference may be made in the amount kept as much as the amount specified in the documents.

C. On December 2015, the Plaintiff violated a lease agreement with a lessor on the instant store.

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