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(영문) 서울중앙지방법원 2017.11.29 2016가단5295959
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant participated in the bid for the selection of entrusted operation business operators of stores located under the ground of the building C (hereinafter “instant stores”) in the name of the Plaintiff and decided to jointly operate the said stores after receiving a successful bid.

B. On July 20, 2016, the Plaintiff participated in the bid on the instant store and was awarded a successful bid on July 20, 2016, and on July 29, 2016, prepared a joint management agreement with the Defendant regarding the operation of the instant store as follows:

(hereinafter referred to as the “instant Convention”). Article 2 (Definition and Term of Agreement) of the Convention aims to define the management entity of the Burial and the subject of the ownership of profits before and after the duration of the Convention.

Terms of Agreement: From August 1, 2016 to July 31, 2019 (Liability and Obligations of the Plaintiff and Defendant)

A. The plaintiff appoints an on-site agent of the store as the defendant and notifies the original contract supervisor in writing according to the original contract.

Provided, That if requested by the defendant, other employees may be notified as site representatives, but all the responsibility for the management of the store shall belong to the defendant, notwithstanding others' notification.

C. The Plaintiff’s benefits shall be determined as follows.

① 1,000,000 won per month when the Plaintiff works in Gwangju Metropolitan City.

D. The Plaintiff will decide to manage all expenditures through a business operator’s passbook.

E. The order of priority in the disbursement of the passbooks is ① refund of purchase amount, ② additional tax reserve, ③ other taxes, public charges, ④ payment and accumulation of all expenses, ④ payment of employee benefits in the event of shortage of funds, ⑤ payment of the Plaintiff’s salary, ⑤ payment of the Plaintiff’s salary, and carry-over payment when the shortage

(6) The surplus net profit accrued after the settlement of accounts each month shall be paid to the defendant by the tenth day of the following month.

F. The Defendant shall be responsible for and manage the overall matters necessary for the operation of the store, and shall report the relevant matters from time to time so as not to cause interference with the communication with the Plaintiff.

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