(영문) 인천지방법원 2019.02.13 2018나56896

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(영문) 인천지방법원 2019.02.13 2018나56896

보증금반환

Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, 8,750,000 won against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is operating D bath in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant bath”).

B. On January 1, 2017, the Plaintiff and the Defendant concluded a service contract for the instant bath business with the following content (hereinafter “instant contract”).

The Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into a service contract as follows:

Article 1 (Contents of Services)

1. B shall, under the responsibility of B, manage and sell all kinds of operations with respect to the services of taxide and store entrusted by A at the place designated by A (the instant bath) (the instant bath)

2.B shall be responsible for, and shall be managed in, the procurement and operation of the manpower of those persons, the management, sale and inventory management of goods necessary for the operation of stores and credits, and the incidental affairs in respect of which the duties of management are to be carried out by supper and suppers.

3. B shall return Gap's damage amount arising from the unilateral termination of the contract of Eul prior to the expiration of the contract period and additional profits arising from this contract to Eul (the profit accrued from tax credit 6: the profit accrued from tax credit 6: the business owner's share 4) and the unpaid benefits for tax credit and store services, and Gap may claim damages against Eul.

4.A contract with A shall be automatically terminated if, during the term of the contract, A transfers services to a third party, and B shall not raise any objection thereto.

Article 2 (Settlement of Earnings)

1. Cash in the cost of services shall be directly received from the customers of Section B;

2. Of the cost of services, credit card payments shall be settled after Gap deducts 6% of the sales, including card fees and taxes.

3. “B” shall operate tax credit and stores in return for the services received, and “B” shall pay Party A the amount of KRW 5 million as of the end of each month, which is paid to Party A.

(The settlement of accounts may be made in the principal unit).

유사 판례

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-대전지방법원 2016.06.15 2015가합105180

-대구지방법원 2019.04.23 2018가단107579

-서울북부지방법원 2015.08.27 2013가합2669

-청주지방법원 2019.05.31 2018가합2025