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(영문) 서울남부지방법원 2017.09.08 2016가단252984
손해배상(기)
Text

1. The Defendant: KRW 68,473,944 for the Plaintiff and KRW 5% per annum from September 18, 2015 to February 11, 2017.

Reasons

1. Facts of recognition;

A. On January 1, 2008, the Plaintiff, a company established for the purpose of operating a store in the railroad station and providing advertising services, etc., signed a contract on the operation of a specialized store with the content of operating B, in accordance with the method determined by the Plaintiff, as to the mark 1, 2, 3, 4, and 30 square meters of the part of the store in the ship (a) connected each point in sequence with the other in the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on the second floor adjacent to the Do basin located in the Do basin in Seoul, which was installed and managed by the Plaintiff.

The term of the contract under the above operating contract was finally set from January 1, 201 to December 31, 2012 through an annual renewal contract, and the contents of the contract related to this case in the final specialty store operation contract are as follows.

- The basis of calculation for the basic contract period of the railroad station buildings shall apply to the investment cost computed by calculating the arithmetic mean of the total investment cost for each business area.

Provided, That the re-contract shall be concluded in one year, and the maximum operating period for each store shall be the last day of the month of the conclusion of the contract, which has passed three years (five years) after the relevant year including the date of conclusion

(Scheduled Date of Termination of the Maximum Operating Period: December 31, 2012) - B - The sales price on the day shall be deposited into the account of the Plaintiff’s headquarters (branch) or the financial institution designated by the Plaintiff’s headquarters (branch) during the next morning, and the daily sales settlement time shall be the last day of each month.

- The Plaintiff shall pay 80% of the monthly sales (including value added taxes) to B as a comprehensive general cost (including product cost, personnel expenses, direct expenses, and corporate profits).

- If the contract is terminated due to reasons such as termination of the contract and termination of the contract term, B shall return the store within the designated date, remove the facilities installed in the store B and restore it to its original state. If the store is not returned by the designated date, the Plaintiff may request the whole or part of the facilities at the market price.

B. B The instant case.

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