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(영문) 서울중앙지방법원 2016.09.01 2015나4091 (1)
정산미수금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 16, 2008, the Plaintiff and the Defendant concluded a franchise agreement under which “the Plaintiff provided the Defendant with management guidance, procurement of goods, etc. during the contract period, when entrusting the operation of the B store of Hanwawa (hereinafter “instant convenience store”), and the Defendant immediately remitted the sales of goods on credit received from the Plaintiff to the Plaintiff when sales occur, and upon the fixed date, paid the Plaintiff the amount of money obtained by deducting the goods price, franchise fee, and other expenses from the sales amount as profit.” From September 17, 2008 to September 16, 2010 to September 16, 2010 to KRW 34 million.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

(Article 27 / [Article 27] The definition of “A” in its contents shall be defined as “A” and “B” as “A”.

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 to be automatically extended, unless there is a declaration of intention to terminate the contract of Eul between 180 and 90 days before the expiration of the term of this Agreement.

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