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(영문) 서울중앙지방법원 2020.10.16 2019가단5071048

가맹금 반환 등 청구의 소

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) Co., Ltd.: KRW 55,250,000 and its related thereto on May 23, 2019.

Reasons

1. Basic Facts A: Defendant Company A, and Plaintiff (1-Contract 2) 2) This Agreement provides for the responsibilities and obligations between both parties in establishing A’s education center. 4) A grants education authority to B within a given scope, and B must provide education by making best efforts.

5) Eul must make every effort to maintain high quality while operating Gap's D together. [2-Center name] 1] The name of Eul's business entity shall be E Center (a abbreviation: E Center).

[3-Establishment Expenses] 1) The franchise fee amount of the Center is KRW 60,000,000 and is not subject to refund. 2) The Center’s franchise amount is KRW 5,000,000, and it is not subject to refund.

3) B must pay a set amount of royalties each year as consideration for the use of Party A’s trademark rights and intellectual property rights. [3] The Rotterdam Corporation related to the establishment of the Education Center shall be wholly constructed by the company designated by the head office.

4) All machinery, materials, food materials, etc. used in education centers and coffee stores shall be subject to the designation of the head office. 5) The scope of this Agreement shall include both educational services and D.

1) In the event of the establishment of the Center, the timing and method of the establishment of the Center shall be adjusted in consideration of the level of knowledge acquisition and economic level of Party B, and the time and method thereof shall be set up within 12 months.

[6-Center Education] 1) B must faithfully comply with all education related to the establishment of the Center. 2) A shall work out and implement educational programs taking into account the present status of B.

3) Eul should not produce and use other teaching materials than those designated by Gap. 4) Eul should not be prevented from educating more than nine persons at the time of off-line education.

5. Eul shall establish other subjects than those designated by Gap.