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(영문) 서울중앙지방법원 2019.03.20 2017가단5164304
손해배상(기)
Text

1. The Defendant’s KRW 6,711,290 as well as the Plaintiff’s annual rate from August 2, 2017 to March 20, 2019.

Reasons

Basic Facts

On September 16, 2008, the Plaintiff and C: (a) entrusted the operation of the D store (hereinafter “instant convenience store”); (b) provided C with management guidance, procurement of goods, etc. during the contract period; and (c) sold goods on credit provided by the Plaintiff and sold the goods on credit from the Plaintiff, and immediately remitted the sales amount to the Plaintiff; and (d) upon the fixed date, the Plaintiff entered into a franchise agreement with the contents of which the amount calculated by deducting the goods price, franchise fee, and other expenses from the said sales amount from the said sales amount as profit-making; and (b) determined the franchise agreement with the terms of contract amount as KRW 34,00,000 on September 17, 2008 to September 16, 2010

(F) The terms and conditions of the franchise agreement of this case are as follows.

(Article 27 / [Article 27] The definition of “A” and “B” in its contents

1. The term “mutual account” means a continuous calculation relationship in which Party A enters the details, progress and burden of lending and borrowing of all the claims and obligations arising between Party B from the opening point to the settlement date under this Agreement in order, and makes the settlement by deducting and calculating each subject of the difference and speak in a lump sum;

[Article 28] Transfer of Sales Proceeds

1. Eul shall deposit the total sales amount of each business day into the bank and account designated by Gap by the next day’s static; and

[Article 34] Sales Fund Management Party A shall manage sales funds remitted pursuant to Article 28 by B, and shall conduct monthly settlement of accounts pursuant to the provisions of this Chapter.

[Article 37] Settlement of Profits

1. Profits settlement shall be finalized and paid after settlement of all the expenses incurred during the fiscal period from the total income of member stores B;

[Article 39] Contract Terms

2. This Agreement shall be considered automatically extended, and during that period, this Agreement shall be deemed to have been extended, unless there is a declaration of intention of Eul to terminate the contract between 180 and 90 days before the expiration of this Agreement.

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