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(영문) 서울동부지방법원 2014.12.12 2014나1999

손해배상(기)

Text

1.(a)

Of the judgment of the court of first instance, the part of the main claim against the defendant (Counterclaim Plaintiff) B, the payment order is ordered in the following B.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

1. Defendant B shall supply the Plaintiff with goods, instruct the Plaintiff with technical guidance and other sales know-how, and assist in publicity.

As to this, the plaintiff is obligated to pay franchise fees, public relations expenses, and goods.

2. The total down payment shall be thirty million won.

Provided, That among these, KRW 10 million is a down payment, and KRW 10 million out of the price of the goods shall be deposited in Japan by the day before the date of the provisional payment, and the remainder KRW 10 million shall be paid in full on the date of the storage of the goods.

3. A deposit of four million won, out of the down payment, may be refunded within one week after the termination of the contract, and three million won shall be refunded at the time of termination of the contract within three months after the termination of the contract.

The above KRW 3 million shall not be refunded for one year after the contract was concluded.

4. When the Plaintiff ceases to exist due to business difficulties, such as decline in sales or deficit, within three months after the commencement of the franchise store, Defendant B is obligated to repurchase and purchase the goods purchased by the Plaintiff from Defendant B.

The price of general goods shall be 80% of the price purchased by the plaintiff, and the Leba card shall be 80% of the wholesale of the Internet market price at the time.

5. The plaintiff may not operate or engage in the same or similar type of business as the business of this case in the name of his own relative or in whose name the employee is his relative for two years after suspending the franchise store.

When violating the main sentence of paragraph (4), the plaintiff shall pay 50 million won to the defendant B as penalty.

6. The Plaintiff shall pay 20 million won as penalty to the Defendant B for the purchase, sale, and distribution of the company’s card games and game related goods without the prior consent of the head office other than the D main office, or for the purchase, sale, and distribution of the company’s card games and game related goods.

7. The plaintiff shall pay 100,000 won per month to the defendant B for publicity expenses and shall provide publicity and events to the defendant B.

8. At least two months of expenses for franchise, goods, and public relations.