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(영문) 서울중앙지방법원 2015.09.23 2014가단227742
점포인도등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant A and Defendant (Counterclaim Plaintiff) B are located in Gangnam-gu Seoul Metropolitan Government’s second basement level.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. The Plaintiff (Counterclaim Plaintiff; hereinafter “Plaintiff”) and Defendant A are parties to the instant store that entered into a contract with Defendant A to operate a professional store as follows, and Defendant B is a person who occupies the instant store with Defendant A’s consent and is engaged in business activities.

B. On October 4, 2011, the Plaintiff entered into a renewal contract with Defendant A on January 1, 201 through December 31, 2013 by setting the contract term as between January 1, 2013 and December 31, 2013, with regard to the mark 1, 2, 3, 4, and 22 square meters of a light-scale steel-frame shop (hereinafter “instant store”) connected with each of the above points in sequence C as the cosmetics industry (mutually referred to as “E”). On August 20, 2013, the Plaintiff concluded a renewal contract with Defendant B, who was represented by Defendant A, to reduce the minimum monthly sales as provided for in Article 6 of the above contract amount to KRW 15,650,00 (hereinafter “the first renewal contract”).

The main contents of the instant contract relating to the instant case are as follows.

Under the following, Gap means the plaintiff, and Eul means the defendant A.

[Article 16] (Restriction on Use and Prohibition) (4) A may not change the type of business (individual or corporate entrepreneur) which was entered into with A and the name of the representative (personal entrepreneur) on B’s business registration certificate within the maximum operating contract term agreed with A.

[Article 26] (General Cost) ① A shall pay 77% of the monthly sales (including value added tax) to B as a comprehensive general cost (including product cost, personnel expenses, direct expenses, and corporate profits).

(4) Where the store reputation does not normally be paid to B after termination of the contract, A shall pay the general cost to B until the store reputation map is completed.

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