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(영문) 수원지방법원 2020.09.15 2019가단546224
구상금
Text

1. The defendant (Counterclaim plaintiff) and the defendant are jointly and severally liable to the plaintiff (Counterclaim defendant) for KRW 44,335,766 and the defendant for this.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in two skin management businesses with the trade name of “D,” and Defendant B is a person who operates a beauty room of “J” in the name of “J” (hereinafter “instant beauty room”), and Defendant C is the mother of Defendant B.

B. On July 30, 2018, Defendant C and the Plaintiff, representing Defendant B, provided the Plaintiff with a space of 20 evaluation quantity within the beauty art room of this case, and concluded a shop agreement with the Plaintiff to operate two skins (hereinafter “instant two skins”) at that place, and to have the operating profits divided by the Plaintiff and the Defendant B’s proportion of 7:3 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

(‘A’ means Defendant B, and “B,” respectively). Article 2 (Terms of Contract)

1. Eul shall be responsible for and operated with the trade name, system and program of Eul with respect to the management and operation of two-wheeling rooms in the beauty service rooms of Gap;

2. “A” shall provide two skins (20 square meters, such as counseling rooms, control rooms, shampoos and shampoos, mampoos, pit rooms, storages, etc.) and interiors, and shall purchase and install equipment and fixtures necessary for administering and managing the procedure by owning them;

Article 4 (Promotion, Advertisement)

1. The subject of public relations and advertisement shall be Eul, and Eul shall actively and efficiently run the marketing for external public relations.

2. If Party B intends to carry out a campaign to promote sales, etc., or to carry out public relations or marketing by using advertising media, such as newspapers, magazines, radio, and television, with respect to the services related to the contractual matters with Party A, it shall, without fail, consult in advance with Party A and its methods, contents, and timing.

Article 5 (Distribution of Earnings)

1. A shall bear the rent, management fee, electricity ore, heat, and water rate for the two offices under control;

2. Eul shall pay 30 million won as a security deposit to Gap, and upon termination of the contract, Gap shall immediately return it to Eul.

3.The revenue distribution shall be based on the personnel’s basic level in the amount of sales.

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