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(영문) 서울중앙지방법원 2014.07.16 2012가단5134001

물품대금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 76,267,415 and the interest rate of KRW 20% per annum from November 20, 2012 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s status is a corporation that operates a business of importing and distributing high-priced glass and Ansan-tech products in a foreign country, and a company that sells glass, contact lensess, and Ansan glass, etc. (hereinafter collectively collectively referred to as “alternative glass, etc.”) with the brand from 2011 to the “Luxembourg”.

B. 1) On March 30, 2012, the Plaintiff and the Defendant used the trade name “Luxembourg options” or “Lok Otical” in the English language as of March 30, 2012, both the Defendant and the Defendant used the Luxembourg options C (hereinafter “instant franchise store”).

(2) The franchise agreement to operate (hereinafter referred to as “instant franchise agreement”) shall contain the terms and conditions of the agreement.

(2) The Defendant paid KRW 20,000,00 to the Plaintiff as stipulated in Article 10(2) of the instant franchise agreement.

3) The contents of the franchise agreement formulated at the time of the instant franchise agreement are as follows. Article 7 [Matters to be Observed by the Parties to the Agreement] A (the Plaintiff; hereinafter the same shall apply)

I shall comply with the following subparagraphs in relation to Luxembourg options:

3. Installation of store equipment and supply of goods or services at reasonable prices and expenses; and

5. Continuous advice and support for the management and business activities of Eul (Franchisor; hereinafter the same shall apply) (Franchisor; hereinafter the same shall apply) (Payment of franchise fees) (1) Franchise fees shall consist of the following:

A contract shall be concluded using materials, materials, places, lectures, etc. used to obtain knowledge, technology, services, etc. necessary for the establishment of a franchise store for 40% of the cost of extinguishment not returned in return for permission to use intellectual property rights related to franchise business and franchise store operation rights of non-high-end Party Party A, using the commercial survey equipment of 40% of the cost of extinguishment not returned when education begins in return for the payment of materials, materials, places, lectures, etc.