손해배상(기)
1.To order payment in excess of the following amounts among the parts against the principal lawsuit of the judgment of the court of first instance.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. A. A franchise agreement between the Plaintiff and the Defendant on February 10, 2014 (hereinafter “instant franchise agreement”) stating that the Plaintiff and the Defendant run the Plaintiff’s franchise store (hereinafter “instant franchise agreement”) that sells Accents, coffees, etc. from the second floor of the building located in the Dong-gu, Chungcheongnam-gu, Seoul, and the second floor of the building located in Dong-gu, Chungcheongnam-gu. B (hereinafter “instant franchise agreement”).
(A) The terms and conditions of the above franchise agreement relate to the instant case are as follows (as stated in the agreement, “A” and “B” refer to the Plaintiff and the Defendant respectively.
(i) Article 2 (Definitions of Terms);
7. The term "franchise fee" means the cost that "B" participates in a franchise business as at the time of the initial franchise agreement, the cost of education for franchise stores prior to opening points, the cost of providing operational manuals, other opening support, and the extinguished money paid to "A" in return for providing human resources, information and data for opening of a franchise store.
8. The term “contract performance guarantee” means money that a “B” pays to “B” in order to secure the performance of a contract and the payment of a debt or the amount of damages for the said contract.
9. The term "deposit franchise fee" means a franchise fee that a depository shall deposit with a depository institution for a certain period pursuant to the "Fair Transactions in Franchise Business Act", such as franchise fees and contract deposit;
10. The term "roat" means money paid periodically to "A" in return for the use of trade names, trademarks, other intellectual property rights, etc., and for the support, education, management guidance, etc. for business activities, etc., which are permitted by a contract with "A";
Article 6 (Contract Period and Renewal) (1) This Agreement shall become effective from the time when both parties sign and seal their names, and shall become effective for five years from the date of the conclusion.
except as otherwise provided in this Agreement.
Article 9 (The interior facilities of a store) ① “B” shall be the entire franchise business before the opening of the franchise store.