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(영문) 대구지방법원 2017.01.11 2016가단21138
약정금
Text

1. The Defendant’s KRW 22,845,712 as well as the Plaintiff’s annual rate from July 7, 2016 to January 11, 2017.

Reasons

1. The Plaintiff is a franchise entrepreneur who operates brands, such as C, D, E, and F, with the trade name of “B,” and the Defendant is a seller of alcoholic beverages.

On April 2014, the Defendant agreed to provide the Plaintiff with the exclusive supply of alcoholic beverages to the franchise business site operated by the Plaintiff, and to pay the Plaintiff a subsidy equivalent to 6% of the amount of alcoholic beverages supplied to the Plaintiff’s franchise business site.

From December 2, 2014 to April 2016, the Plaintiff supplied alcoholic beverages equivalent to KRW 380,761,875 to the franchise business site operated by the Plaintiff.

However, the defendant did not pay to the plaintiff a subsidy equivalent to 6% of the above liquor supply price.

The Plaintiff received alcoholic beverages from the Defendant to the Plaintiff’s franchise business site, and used the air conditioners provided by the Defendant for free. The Plaintiff spent KRW 560,000 while keeping the said air conditioners, etc. in the directors and storage company on the grounds of the Plaintiff’s sale of the franchise business site and the alteration of the franchise brand.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 1, the purport of the whole pleadings (the entry of Gap evidence No. 3 against this point is not trustable, and the entry of Eul evidence No. 2 alone is insufficient to reverse the above recognition).

2. Determination:

A. (1) Determination as to the claim for agreed subsidies (A) The Defendant alleged that the Plaintiff’s claim is obligated to pay the Plaintiff a subsidy equivalent to 6% of the sales amount (including value-added tax) of alcoholic beverages supplied to the Plaintiff’s franchise business proprietor from December 2, 2014 to April 2016. As the Defendant supplied alcoholic beverages equivalent to KRW 380,761,875 to the Plaintiff’s franchise business proprietor, the Defendant is obligated to pay the Plaintiff a subsidy of KRW 25,130,152 [The amount of KRW 380,761,875, value-added tax of KRW 38,074,04) 】 6% 】 (the amount of value-added tax of KRW 380,761,875, value-added tax of KRW 3874,04

(B) The sales market is equivalent to 6% of the amount of liquor supply that the Defendant supplies to the Plaintiff to the Plaintiff’s franchise business site.

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