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(영문) 서울중앙지방법원 2014.06.26 2013가합6501
손해배상 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 114,896,796 to the Plaintiff (Counterclaim Defendant) and its amount from February 23, 2012 to June 26, 2014.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company operating a mutually beneficial convenience store, i.e., “a development range”.

B. On January 19, 201, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) with respect to the development range B during the contract period from January 31, 201 to January 30, 2016. On March 23, 2011, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with respect to the development range points from March 31, 201 to March 30, 2016 (the additional franchise agreement is written on March 30, 2015, but appears to be written on March 30, 2015, and both the instant franchise agreement and the instant franchise agreement collectively referred to as “each of the instant franchise agreement”).

C. The main contents of each of the instant franchise agreements are as follows.

Article 26 (Remittance of Sales Funds)

1. The defendant shall transfer daily gross sales and price reductions, purchase incentives, and other miscellaneous income received by the defendant to the plaintiff through the bank deposit account accounts designated by the plaintiff or a person designated by the plaintiff.

2. “Transfer of daily sales” is the result of management conducted through the permission and cooperation of the Plaintiff, and supports the Plaintiff’s credit, not money that the Plaintiff can dispose of freely. Thus, the Defendant shall not notify the Plaintiff in advance and appropriate it for the payment of the expenses not approved.

If the defendant neglects his/her duty of remittance without any justifiable reason, he/she shall pay the plaintiff additional dues for delay of remittance of KRW 10,000 per day of delay, and the calculation of the number of days of delay shall be based on the addition (7).

Article 28 (Purchase, etc. of Goods)

1. The defendant may purchase goods from the trading line recommended by the plaintiff or the defendant for the management of goods under Article 24(1).

From the trading line recommended by the Defendant.

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