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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation whose purpose is to manufacture, process, and sell meat products and by-products, and the Defendant operates a franchising store with the trade name of “B” as a corporation for chain business, its incidental business, and the food business.
B. Meanwhile, the non-party C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant for the payment of goods and business management fees (hereinafter “business management contract”) and takes charge of the delivery of the food materials to the “B” affiliated stores. The provisions on the transportation of goods and the payment of fees and the collection of the proceeds under the above business management contract are as follows.
Article 5 (Acceptance and Transportation of Orders for Goods)
1.(C) in principle, the goods shall be transported and supplied to a designated place, including the franchise store and branch office of the Defendant A (Defendant).
2. A or A's franchise store shall place an order to B for the type, quantity, etc. of the goods for which supply is requested to B, and B shall deliver the goods to the relevant franchise store and branch office without any goods up to the next day of the order.
Article 7 (Calculation and Payment of Fees)
1.The operating management fees to be paid to A under this Agreement shall be the cash payment rate not later than 20th of the following month after the end of each month.
Eul's logistics closing shall be 14% of the selling price, and Gap's business management fees shall be the amount exceeding 14% of the sales profits.
Article 8 (Recovery of Price)
1.The transactions are to commence at the time when Eul starts the goods supply to Gap's member stores and branches under this contract.
2.The price for the goods arising from the supply of the goods by Eul shall be recovered directly from Gap's member stores under the responsibility of Eul, and shall not be directly required to recover the price for the goods.
Provided, That the "A" shall be the active cooperation key to the efforts related to the recovery of the price of "B".
C. From June 2010 to November 201, 2013, the Plaintiff is used at “B” franchise stores.