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(영문) 서울고등법원 2017.11.29 2017나2015223
권리금등 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. The Defendant: (a) borrowed a 117.45m2, Jung-gu, Seoul, Jung-gu, Seoul; (b) concluded a contract with C head office with C head office and operated E convenience stores (hereinafter “instant convenience store”); and (c) operated money exchange centers in the remaining spaces.

B. On August 14, 2014, the Plaintiff and the Defendant concluded a contract for transfer or takeover of the instant business entity (hereinafter “the instant first contract”) with respect to the instant right to operate the convenience store through the consulting company, and at the time, the Defendant agreed that the Plaintiff may claim for refund of the premium or claim for damages in the event that the sales amount of the instant convenience store reaches an average of KRW 70,000,000 per month from May to July, 2014 when preparing and delivering the current sales status that the sales amount of the instant convenience store reaches an average of KRW 70,000,000 per month from May to July.

1. E convenience stores located in Jung-gu Seoul Metropolitan Government D with the display of business entities 87.45 square meters;

2.Article 1 of the Terms and Conditions of the Contract shall pay to the transferor a total operating premium of KRW 170 million (excluding rental deposit) in return for taking over the business rights to the above company.

3. 대상물건의 임대차 계약 내용 임차보증금 5,000만 원 월차임 700만 원 임대차계약기간 2014. 8. 21.부터 2017. 8. 20.까지 36개월 ◎ 특약사항

5. The name of this store shall be operated by the defendant's business operator, and the value added tax arising from the main business entity shall be 10% of the monthly revenue of the plaintiff to the defendant, and the global income tax shall be borne by the defendant.

6.The profit structure of this company shall be within 34 per cent of the GP (products margin), 86 per cent of the terms and conditions of the franchise agreement (C head office): 14 per cent (C head office) and, in the event of change, to cancel this agreement without penalty.

7. In the event that a contract with Korea Electric Power and C is not maintained due to L or the defendant within three years ( August 20, 2017) during which the sublease period is set aside, the Defendant shall pay to the Plaintiff the premium of KRW 170 million.

C. Accordingly, the Plaintiff’s premium 100 million won to the Defendant.

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