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(영문) 인천지방법원 2017.02.08 2015가단245502

위약벌 등

Text

1. The Defendant’s KRW 18,538,797 with respect to the Plaintiff and KRW 6% per annum from December 8, 2015 to February 8, 2017, and the next day.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) (the suspension and transfer of the business by the defendant) (1) the defendant violated the plaintiff's obligation to deposit KRW 10,00,00 due to the suspension of business without permission and the transfer of the franchise store pursuant to Article 15 (2) of the franchise agreement concerning "D store" (the plaintiff's C franchise store), ② The defendant paid KRW 3,491,732 loss for 4 months from May 15, 2015 to September 15, 2015 (the date of termination of the franchise agreement 872,933 x 4 months), ③ the defendant's duty to deposit KRW 00,00,00,000 and KRW 30,000,00,000 and KRW 30,005,00,000,000,000 and KRW 15,05,000,00,000,00,000.

B. The Defendant did not receive the franchise disclosure statement from the Plaintiff on September 16, 2013, and the franchise agreement on the “D store” (hereinafter “instant franchise agreement”) between the Plaintiff and C franchise store.

B Contract Terms of KRW 2,00,000, and the contract Terms of KRW 2,000 from September 16, 2013 to September 15, 2015 are concluded, and Daejeon from October 2013.