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(영문) 서울중앙지방법원 2018.02.08 2016가단5197918
정산미수금 등
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 is a franchisor that directly operates the convenience store as “A” or as a franchise store.

B. As to the Plaintiff’s franchise store A, the Plaintiff’s franchise store (hereinafter “the instant franchise store”), a franchise agreement was prepared with the Defendant as an outsourced franchise store; the term of the contract was from September 5, 2012 to January 12, 2014; the date of preparation was August 14, 2012 (hereinafter “instant franchise agreement”; and the relevant agreement was drafted.

C. From November 16, 2012 to February 15, 2013, the Plaintiff issued to the Defendant a certificate of contents demanding the payment of the sales amount on three occasions, and the Plaintiff did not take measures accordingly, on June 19, 2013, issued a certificate of contents to the Defendant several times as above, but did not perform the duty.

6. The 20.20. notified that the instant franchise agreement was terminated.

On June 15, 2015, the Plaintiff recognized D Co., Ltd. (hereinafter referred to as “D”) totaling KRW 69,604,053 (=103,614,703 inventory of KRW 58,411,463 and KRW 768,650 as the ground for the claim for the amount due under the termination of the instant franchise agreement (i.e., KRW 1,219,823 and the outstanding amount of KRW 34,50,823 and the outstanding amount of KRW 393,649,649, KRW 4,914, KRW 80, KRW 2640, KRW 360, KRW 360, KRW 3050, KRW 400, KRW 3650, KRW 360, KRW 4050, KRW 640, KRW 3650, KRW 3050, KRW 6400, KRW 3650, KRW 3640,

[Reasons for Recognition] A.

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