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(영문) 서울북부지방법원 2016.08.19 2015가단14911
정산금
Text

1. The Defendant’s KRW 118,280,785 as well as 20% per annum from April 24, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 2006, the Plaintiff entered into a franchise agreement with the Defendant, a business operator mainly engaged in general distribution business, such as a franchise store and chain business, and around that time, leased a store located in Jongno-gu Seoul Metropolitan Government D and 1st floor owned by Nonparty C and operated the “E store” (hereinafter “instant convenience store”).

B. On December 30, 2008, the Plaintiff refers to a franchise store agreement in the form of the operation of a franchise store between the Defendant and the Defendant under which the owner of the franchise entrusts the operation of the store to the convenience store in the form of an entrusted operation contract and receives certain fees.

In such cases, the tenant is the head office, and the tenant bears the burden of monthly rent.In addition, the tenant is a type of contract for those who are not fully capable of economic ability because the tenant is to pay only KRW 20 million and the initial product price of KRW 15 million.

At the SLlin SLta means a franchise contract in which the head office rents a store, sub-leases the store to the owner of the franchise, and the franchisee operates the store independently at the same time.

The operation of a store shall be carried out under the independent calculation and responsibility of the braille.

A new franchise store contract was entered into after changing to the other party.

(hereinafter “instant franchise agreement”). As the content of the franchise agreement changes, the Plaintiff and the Defendant agreed to convert the existing franchise deposit amount of KRW 20 million paid by the Plaintiff to the Defendant, as part of the sublease deposit to be paid by the Plaintiff according to the newly modified SLT agreement, and the Plaintiff additionally paid KRW 80 million to the Defendant.

C. While the Plaintiff operated the instant convenience store, the term of lease of the convenience store was terminated on August 2014, and the lessor was no longer able to operate the instant convenience store due to the lessor’s refusal to renew the lease contract.

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