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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a company that runs cargo franchise business and door-to-door sales business.
B. On June 10, 201, the Plaintiff purchased all of the Defendant’s Cagency Business Rights from B to KRW 150,000,000. On June 30, 201, the Plaintiff leased the site and building of Cagency’s business site and building located in Bupyeong-gu Incheon Metropolitan City from D from Jun. 30, 201, with the lease deposit KRW 70,000,000, monthly rent KRW 6,500,000, and the period from June 30, 201 to August 30, 2012.
Article 3 (Term of Contract) The term of contract under this Agreement shall be from July 1, 201 to June 30, 2012.
4. Where there is no separate declaration in writing not later than three months before the expiration of the contract term, the contract shall be deemed to have been renewed under the same conditions.
Article 5 (Contents of Business) The Plaintiff shall faithfully perform all business affairs related to the collection and delivery of the goods requested by the customer using the Defendant’s home service.
1. The plaintiff shall be equipped with an office and a collection center, employees, and designated transportation equipment, computer equipment, etc. necessary for the performance of functions under this contract, and shall purchase and maintain them at the plaintiff's expense at the company designated by the defendant pursuant to the provisions of CI for the unity of designated marks, such as signboards, vehicles, painting, website
Article 20 (Nature of Settlement) The settlement of accounts has the character of public funds, as it allocates sales revenue (hereinafter referred to as "settlement revenue") generated in connection with the dispatch of goods between the plaintiff and the defendant according to their respective duties.
Article 23 (Requirements for Termination of Contracts) The defendant may terminate this Agreement immediately without a peremptory notice if the plaintiff falls under any of the following subparagraphs:
1. Where the payment of settlement money is in arrears;
C. On July 1, 2011, the Plaintiff is to operate a Cagency and receive a fee from the Defendant, and to perform the collection and delivery of the instant cargo within the said area on consignment.