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(영문) 서울중앙지방법원 2018.08.28 2018나496
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant, upon entering into a trade agreement, is a corporation that runs the business of soliciting and operating food kinds franchise stores.

On April 10, 2017, the Plaintiff was employed as the employee of the Defendant’s franchise membership management team and retired on June 30, 2017.

On July 11, 2017, the Plaintiff entered into a commission agreement with the Defendant on the terms and conditions of the Defendant’s franchise agreement (hereinafter “instant agreement”). The main contents are as follows.

Article 1(Purpose) A refers to the cost that A pays to B with the payment fees for contract orders made by B (the plaintiff referred to as the plaintiff; hereinafter the same shall apply) using the brand of A (the defendant; hereinafter the same shall apply) and the brand designated by A (the plaintiff referred to as the plaintiff; hereinafter the same shall apply).

Article 2.(Franchis brand and Regional Scope)

1. C

2.With the designation of A, the scope of the area shall be determined as follows:

(B) Article 3 (Payment and Scope of Franchise Business Fees)

1. In the case of Eul's direct business, Gap shall pay Eul a sum of three million won per franchise agreement to Eul for each member shop after commencing the business of the member shop;

Provided, That all the down payment under the franchise agreement shall be deposited in full.

2. With respect to several contracts awarded, a written report on the details thereof, relevant matters of the parties to the contract, special circumstances, etc. shall be submitted.

Article 4 (Method of Settlement of Franchise Business Fees)

1. The method of settlement shall be based on objective facts of the head office and the side A;

2. A shall pay the daily sum of KRW 1,500,000 per month (Won 1,500,000) as the activity allowances of B, regardless of the number of contractual cases, to B’s account on the 10th day of the following month.

3. A shall pay the 3,000,000 won per unit franchise agreement (Won 3,000,000) to B's account within 14 days from the date of opening the franchise store after entering into the brand franchise agreement of B as part of his/her business activities.

Provided, That the same shall not apply where the down payment under the franchise agreement is not paid in full.

4. An individual who has no business proprietor.

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