(영문) 서울남부지방법원 2016.11.24 2016가단22312

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.11.24 2016가단22312

점포인도

Text

1. The Defendant (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) on the second floor of the C Station in Seoul, and indicated the annexed drawings 1.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On January 13, 2016, the Defendant entered into a contract for specialized store operation (hereinafter “instant contract for specialized store operation”) with the content that the Defendant sells and manages the goods determined by the Plaintiff in accordance with the Plaintiff’s business system and business regulations regarding the stores (A) part of the ship connected with each point in sequence 1, 2, 3, 4, and 1 (hereinafter “instant store”) located in Seoul, the Plaintiff’s 2nd floor located in Seoul, where the Plaintiff is established and managed, and that the contract period is from January 13, 2016 to March 22, 2016.

B. On the date of the above contract, the Defendant agreed to compensate for two million won as a penalty for breach of contract in the event the Defendant breached his/her obligations under the specialized store operation contract between the Plaintiff and the Plaintiff, and paid two million won as a contract performance bond to secure this to the Plaintiff.

C. In addition, the instant specialized store operation agreement includes the following terms and conditions:

[2] The contract for the exclusive store operation of this case (hereinafter referred to as “contract”). ① The contract for the exclusive store operation of this case is indicated only as “the contract”. ① The contract for the exclusive store operation of this case is specified as “the contract”. ① The contract for the exclusive store operation of this case deposits the sales proceeds generated each day to the Plaintiff in full, and the contract amounting to 80% of the total cost (including both the cost of goods, personnel expenses, direct expenses, and profits necessary for the operation of the store) is paid to the Defendant and the remainder of 20% is paid to the Plaintiff (see Article 8 of the contract, e.g., the contract). ② If the contract is terminated due to a cause attributable to the Defendant, the contract is terminated voluntarily by the Defendant, and the contract for the execution of the contract is ordered under the circumstances where the Defendant

유사 판례

-서울중앙지방법원 2014.02.06 2013가단91908

-서울중앙지방법원 2015.04.23 2014가단116217

-서울남부지방법원 2019.12.05 2019가단229817

-서울중앙지방법원 2015.04.23 2014가단159962

-서울중앙지방법원 2016.02.17 2015가단110315