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(영문) 서울동부지방법원 2020.01.14 2018가단136991
계약금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating the franchise called “Emp store” (hereinafter “instant store”) in Gangdong-gu Seoul Metropolitan Government, and the Defendants are those operating the health room with the trade name “F”.

B. On March 21, 2017, the Plaintiff and the Defendants concluded a management consulting agreement (hereinafter “instant consulting agreement”) with the following content.

Article 1 (Distribution of Premiums at Time of Sale) 1 (Distribution of Premiums) (1) In the event that the Plaintiff (the Defendant) has become in a state of enemy for not less than three months even though it has faithfully operated stores as consulting, this contract is terminated and it is not paid 30% amount of premiums at the time of sale of this place of business.

(2) When selling this shop, Party A shall pay 30% of the premium, excluding the deposit, to Party B.

Article 2(1)(Purpose) ① Increase in the revenues of this Chapter. (2) Development of Eul's franchise model (3) cooperation, promotional support, protocol consultation Article 3(1) : Distribution of earnings: Gap 70%, Eul 30% (limited to net income) (2) In the case of card sales, card sales shall be excluded.

(3) No profit shall be allocated in cases of the enemy status of net profits.

(4) Where a loss occurs to A, he/she shall not be held liable to B.

(5) A shall provide B with information by which net profits, such as sales books and credit details, can be verified, and cash sales and credit sales shall be transparently disclosed, and upon the omission of cash sales, this consulting shall be terminated and ten million won per penalty shall be paid to A.

(6) The franchise agreement with the head office shall be terminated on or before the end of April 17.

C. On April 14, 2017, the Plaintiff remitted KRW 30,000,000 to Defendant C’s deposit account, and KRW 7,000,000 on June 9, 2017.

The Plaintiff and Defendant C entered into an entrusted operation contract under which 30% of the sales of cancer stores shall be paid to B on the 10th of the following month, but the Plaintiff and Defendant C deposited KRW 30 million on April 14, 17, and deposited KRW 7 million thereafter in the total amount of KRW 37 million.

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