beta
(영문) 대전지방법원 2016.07.12 2015가단200873

부당이득금

Text

1. As to KRW 8,906,074 and KRW 8,618,020 among them, the Plaintiff (Counterclaim Defendant) from January 10, 2015.

Reasons

1. Basic facts

A. On December 9, 2013, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, which runs a franchise business on the brand called “C” and the following major contents (the franchisor, the Defendant and the franchisee, refers to the Plaintiff in this case), and around that time, paid KRW 3,00,000 to the Defendant. The franchisor (hereinafter “A”) and the franchisee (hereinafter “B”) shall closely examine each of the provisions listed in the instant franchise agreement, and enter into a franchise agreement with the brand name “C” as follows:

Article 2 (Definitions of Terms)

6. The term "franchise" means the consideration that Eul participates as a franchise store at the time of the first franchise agreement, consideration for the provision of cooking manuals, and other extinguished money paid to Gap in return for human resources, information and data supply for the open opening of other franchise stores;

9. The term “contract performance guarantee” means the money paid to Gap in order to secure a performance of Eul’s obligation for this contract and a payment of the amount of damages;

10. The term “collaboration manual” means all the regulations and procedures that A systemized in order to maintain the same quality of products provided to customers;

11. The term "operating" means all the regulations and procedures concerning the operation of chain stores systemed by A for the efficient management and administration of chain stores;

Article 3 (Indication of Franchisees) (1) Franchiseess to be established under this Agreement shall be as follows:

Trade Name: Article 6 (Contract Period and Renewal) ① This Agreement takes effect from the time both parties sign and seal their names and seals, which is from December 9, 2013 to December 8, 2015.

When the renewal of a contract is renewed, the renewal period shall be one year from the date of renewal.

Article 7 (Independence of Parties to Contracts) (2) A shall operate a franchise store at his/her responsibility and expense, and dispute with customers, etc.