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(영문) 대구지방법원 2018.08.09 2017가단124249
보증금반환
Text

1. The Defendant’s KRW 3,400,000 and the following day shall be 5% per annum from September 27, 2017 to August 9, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the franchise lending business, etc. with the trade name of “C,” and the Defendant is a company that engages in the franchise consulting business, the mixed franchise trading business, and the shopping business.

B. On April 1, 2017, the Plaintiff entered into a “BS Department Store Business Agreement” (hereinafter “instant contract”) with the Defendant to sell in the place of business the Defendant operated and carry on the “DS Lending and Banking Business” among the business events of the said department store.

A (referring to the plaintiff; hereinafter the same shall apply) shall pay A (referring to the defendant; hereinafter the same shall apply) monthly advertising expenses of KRW 3 million for two years, and the first payment shall be made not later than March 25, 2017, respectively, in the case of a contract term of KRW 1.2 million from April 1, 2017 to March 31, 2019, respectively. The contract term B (referring to the plaintiff; hereinafter the same shall apply) shall be extended one year, if both parties agree, and the contract term B (referring to the plaintiff; hereinafter the same shall apply) shall be extended equally, and the monthly advertising expenses of KRW 3 million for two years, and the first payment shall be made not later than March 25, 2017.

A shall guarantee B, in accordance with the Business Agreement, 200 Reds Loan and Meaks Business (D) annually.

A shall provide for the number of mother and child or the amount of deposit to B if the guarantee number is not available to B, and where the certificate of deposit is not available to B, B may ask for civil and criminal responsibility to A.

Where the party waives the additional extension contract after one year due to the change of B or A, it shall be notified in advance to the other party at least one month prior to the waiver.

In such cases, B shall prepare measures to ensure that the contract of a contract under A is not interrupted in the future.

Where a contract is terminated due to a change of A, A shall compensate B for the total costs invested by B, excluding 10% per year on a per-year basis, except for the total costs invested by B.

If a contract is terminated due to a change in B, no compensation for the interior and facility expenses shall be paid.

Termination of the contract, A or B.

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