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1.The judgment of the first instance shall be modified as follows:
On October 26, 2010, the Plaintiff’s ESN on the Defendant (7-ELVN).
Reasons
1. Facts of recognition;
A. On October 26, 2010, the Plaintiff entered into a franchise franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, a company operating a franchise business using the business mark, “SIMN” (7-EEVN), and the following details are included therein.
Article 3 (Matters to be Confirmed) In entering into this Agreement, Gap (the defendant's words) and Eul (the plaintiff's words) confirmed the following matters:
C. 2. A provides B with an information disclosure statement 14 days prior to the date of concluding the contract or the date of receiving the franchise fee, and provides B with a detailed explanation of the details thereof before the date of concluding the contract or the date of receiving the franchise fee, and B has received sufficient explanation of the information based on the data, Article 23 (POS Registration, etc.) ① A shall immediately register all sales and revenues with the POS upon the occurrence of such information, and shall not omit sales, revenues, etc. by means of false revocation, etc. after registration.
(2) Eul shall register sales of the goods he/she consumes, at the selling price of the goods at that time.
(5) Eul shall time the appraisal of the sales, etc. registered with the POS for the business day to 23:50 p.m. of the relevant day, and if Eul fails to make appraisal, it shall be limited to the automatic settlement of accounts.
(c) Article 24 (Remittance of Sales Amount) (1) He shall remit daily gross sales and price reduction amounts, purchase grants, and other miscellaneous income to A through a bank deposit account account or a person designated by him/her, through a person designated by him/her.
② The transfer of daily sales is a result of Party A’s permission and cooperation, and supports Party A’s credit, not money that Party B may dispose of, and therefore, Party B shall notify Party A in advance.