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(영문) 서울중앙지방법원 2019.08.14 2018나70037

가맹비반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 14, 2017, the Plaintiff entered into an agreement with the Defendant on the head of the Distribution and Management Center (hereinafter “instant agreement”) with the content that recruited individual members who want to study in English in the Seoul Yangcheon-gu Seoul, Yangcheon-gu, D, and E, and that the Plaintiff managed the English education of its members by using the English educational content provided by the Defendant and received fees therefrom (hereinafter “instant agreement”).

On September 14, 2017, and September 21, 2017, the Plaintiff paid KRW 7,900,000 to the Defendant as a franchise fee (including educational expenses and supra goods expenses) on two occasions, and received from the Defendant the payment of KRW 50,00,00 from the Defendant.

B. On September 23, 2017 and October 21, 2017, the Plaintiff received “new center entrance education” from the Defendant on two occasions, but notified the Defendant that the instant contract was terminated several times from November 1, 2017 on the grounds that the English education lacks relevance and the future business direction is uncertain. On November 14, 2017, the Plaintiff terminated the instant contract and sent a certificate of contents seeking the return of the franchise fee that was paid.

Article 4 (Payment, etc. of Educational Expenses and Initial Goods Expenses)

5. The “Center Director” may cancel or terminate this Agreement with the “company” before completing basic education for business operators, and in such cases, the “company” shall return to the “Director of the Center” the remaining amount on the basis of the educational education completion status.

However, as long as the original goods have already been supplied to the "head of the Center", the original goods shall not be returned even if the "company" is returned or sold again, and the original goods shall not be returned.

Article 17 (Termination of Contracts by Head of Center)

1.The Director of the Center shall notify “company” in writing stating the reasons therefor, if it is no longer impossible or substantially difficult to operate the business due to a natural disaster, disease, or any other unavoidable cause, and shall: