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(영문) 서울중앙지방법원 2017.09.15 2013가합41375
손해배상(기)
Text

1. The Defendant: (a) KRW 110,154,338 to the Plaintiff, as well as KRW 6% per annum from December 9, 2015 to September 15, 2017.

Reasons

1. Article 25 (Registration, etc. of POS) of the instant franchise agreement;

5. The “management owner” shall conduct appraisal of the sales amount registered in POS from 23:50 p.m. on the business day to 50 p.m., and if the “management owner” fails to make appraisal, it shall be automatically settled.

Article 26 (Remittance of Sales Funds)

1. The term “management owner” shall transfer daily gross sales and price discount, purchase incentive, and other miscellaneous revenues received by the “management owner” to the “company” through a bank deposit account account or a person designated by the “company” as designated by the “company.”

2. The term “one-time sales remittance” is a result of management conducted by a “company” as a result of the C’s permission and cooperation, and supports the credit extended by a “company” rather than money that can be freely disposed of by the “corporate owner.” Thus, the “corporate owner” shall not be allowed to arbitrarily consume such money by notifying the “company” in advance and appropriating it for the payment of approved expenses.

If a “management owner” neglects the remittance obligation without any justifiable reason, it shall be paid to the “company” additional charges for delay of remittance of KRW 10,000 per day of delay, and the calculation of the number of days of delay shall be governed by Appendix (7).

Article 28 (Purchase, etc. of Goods)

1. The “management owner” may purchase goods from the trading line recommended by the “company” or the “company” for the management of goods under Article 24(1).

Where a “corporate owner” has purchased goods from a transaction line recommended by a “company”, the “company” may pay the purchase price for the goods to the transaction line by deducting the purchase price from the daily remittance amount under Article 26 and having the “corporate owner” pay the purchase price directly to the transaction party or by acting as the “corporate owner” without deducting the purchase price for the goods.

2. The “management owner” purchases a good from a person other than that set out in paragraph 1.

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