(영문) 서울중앙지방법원 2015.12.16 2014가합46063

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2015.12.16 2014가합46063

손해배상등

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1. The Defendant’s KRW 229,973,382 as well as the Plaintiff’s annual rate of KRW 6% from October 22, 2014 to December 16, 2015, and the following.

Reasons

1. Basic facts

A. On September 20, 201, the Plaintiff: (a) concluded a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant to operate three-emitting range B points (hereinafter “instant store”) from September 30, 201 to September 29, 201, as a company operating directly or through a franchise store; (b) the Defendant and the Defendant entered into a bank deposit account designated by the “company (referring to the Plaintiff)” or a person designated by the “company” (hereinafter “company’s account”); and (c) the main contents are as follows. Article 26 (Transfer of Sales Funds) ① The term “management owner (referring to the Defendant)” refers to the total daily sales and price reduction, purchase incentive, or other miscellaneous income, which the Defendant received, should transfer to the “company” through a bank account designated by the “company (referring to the Plaintiff) or a person designated by the “company” account; and (d) the Plaintiff’s account for the purchase and settlement of cash products and its debt to the “company’s account,” and (e) the Plaintiff’s account for sales and management.

(2) The term "corporate owner" shall record all the amounts deposited in the "company" in the transaction account represented by the "company", reflect them in the operating financial statements for each fiscal month by the "company" and enter all the profits and transfers related to the cash report generated in the account month in the transaction account represented by the "company".

Article 53 (Termination of Contracts by Company) (2) The term "company" may terminate this contract in any of the following cases:

In such cases, the "company" shall set a grace period of not less than two months and shall specifically specify the violation of the contract and notify the "management owner" of the fact that the contract is terminated without correction at least twice in writing.

Article 8 (Cancellation of Contract by Business Owner) (2) The term "business owner" shall be as follows:

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