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(영문) 인천지방법원 2017.09.20 2017나54299

위약벌 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the money ordered to be paid additionally shall be revoked.

Reasons

1. On June 5, 2014, the Plaintiff, a person who runs an external franchise business in the name of “B” and entered into a franchise agreement with the Defendant (hereinafter “instant franchise agreement”) with the Defendant (hereinafter “instant franchise agreement”). From that time, the Defendant started the business of “D stores (hereinafter “instant franchise store”) on the first floor of Pakistan-si.”

Article 2 (Matters concerning Payment of Franchise Expenses, Educational Expenses, and Deposit Money) (1) When concluding a contract, the defendant shall pay the franchise (5 million won, value-added tax separate), educational expenses (2 million won, value-added tax separate), deposit (2 million won, value-added tax separate), and value-added tax to the plaintiff.

(2) The franchise fee (10% of the franchise fee), the provision of information and data for open and operation, the transfer and operation education of old-ages, the cost of open support (90% of the franchise fee), and the cost of cooking and service education at the district office of education designated by the Plaintiff prior to the opening point.

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchiseess)

1. The “Mere-Standardization” is to increase the convenience of customers so that customers may feel the same satise of a uniform image and make customers feel the same satis.

Furthermore, it is pursuing the co-development of the whole franchisees by enhancing the brand loyalty, brand reliability, and pursuing the co-development.

Therefore, the defendant must be supplied by the plaintiff with essential items for the unity of franchise business (food materials and articles containing the plaintiff's lethy lethy and B lethy) during business.

(2) The defendant whose business hours and days are limited shall comply with the business hours (self-regulation) and business days (not less than six days per week) designated by the plaintiff.

(10) The main and subsidiary materials, operation systems, designs, etc. of B, which are prohibited from engaging in competitive business, shall include considerable time and expenses, research and development efforts, etc.