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(영문) 의정부지방법원 2016.10.14 2016나56251

위약금등 청구의 소

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

Basic Facts

The plaintiff is a company that runs the laundry business.

On September 15, 2003, the Plaintiff entered into a “D agency contract” (hereinafter “instant franchise agreement”) with which the Plaintiff would supply goods and services, such as washing, repairing, etc., to the stores located in Seongdong-gu Seoul Metropolitan Government.

The main contents of the instant franchise agreement are as follows.

Article 3(Franchisor and Deposit) 1) B(hereinafter referred to as “B”).

(A) The Plaintiff (hereinafter referred to as “A”)

(ii)The refund of deposit money shall be made in cash, at the same time as the conclusion of the contract with the applicant, of KRW 1,500,000 as business guarantee money, with a franchise for trademark use (the franchise shall belong to A as trademark use fee, and shall not be refunded to B at the expiration of the contract). The refund shall be made after deducting the deposit money from the amount of the debt if the debt remains after deducting the amount of the debt, if any, from the deposit.

3) Where a contract is terminated due to a cause attributable to B before the expiration of the contract term and where the contract is terminated due to a cause attributable to B before the termination of the contract term under Article 10, the entire deposit amount of KRW 2,00,000 under Article 3(1) shall revert to A. Article 10 of the contract may be arbitrarily terminated upon the occurrence of the following facts as to B. Article 10(4) of the contract may be arbitrarily terminated upon the occurrence of the following facts as to B. In the case of cancellation due to the expiration of the contract term under Article 11(1) of the contract term, A and B shall be notified in writing to the other party at least one month before the expiration of the contract, and both A and B shall be arranged within 10 days after the termination of the contract, and in this case, upon the cancellation of the contract, B must be arranged within 10 days after the termination of the contract: