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(영문) 대구지방법원 2014.07.04 2012가단38077
추심금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. B entered into a franchise agreement with the Defendant on July 23, 2008, with respect to the franchising D points located in Thai-si, Taecheon-si, and on November 21, 2008, with respect to the franchising F points located in Seoune-gun, Gangwon-do E.

(hereinafter referred to as the “instant franchise agreement” and the “instant franchise agreement”). B.

On July 2, 2012, the Plaintiff indicated the claim to be seized and collected by the Plaintiff as “all the expenses (including the amount to be refunded from the Defendant if there is a defect in the franchise agreement) and deposit, including the proceeds from the Defendant’s deposit in the operation of convenience store (including the amount to be refunded from the Defendant) and the amount to be paid on a monthly basis,” under the Daegu District Court Decision 2012Kadan9703, supra, based on the executory exemplification of the judgment with respect to the claim for the guaranteed debt amount claim, which is based on the Daegu District Court Decision 2012Ma942, supra, and the Plaintiff applied for the instant collection order against the Defendant under each of the instant franchise agreement.” The above collection order was served on the Defendant on July 5, 2012.

C. Each of the instant franchise agreements provides for the following:

Article 29 (Employment of Cash Settlement Account)

1. “A” means A.

(hereinafter the same shall apply)

B means B and B.

(hereinafter the same shall apply)

I undertake, on the basis of this Agreement, to continue to conduct lending and settlement between transactions and settlement thereof in accordance with the cash settlement method entered by A for B (hereinafter referred to as “cash settlement account”).

Article 51 (Term of Contract)

1.The terms of this Agreement shall enter into force upon the conclusion of this Agreement, and shall be the end of the 24th month, including that month, from the date of the beginning of this Agreement until the end of the 24th month.

2. A. B.

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