손해배상(기)
1. The plaintiff's appeal against the defendant B and the main claim expanded by this court are all dismissed.
2.
1. Facts of recognition;
A. On October 27, 2017, the Plaintiff is a legal entity established with the business purposes of franchise business, food, alcoholic beverage wholesale and retail business, etc. on October 27, 2017; Defendant B is a legal entity incorporated with the business purposes of franchise business on March 23, 2017; and Defendant C is a person who actually operates Defendant B.
Article 1 [Purpose] The purpose of this Agreement is to clarify the scope of the use of items, the delivery price and the contract term of the goods in the use of the items and the goods in the franchise operated by Defendant B in the franchise operated by the Plaintiff, and to specify the obligations and rights between them.
Article 2 [Rights and Obligations of Defendant B] The rights and obligations of Defendant B are as follows:
- Defendant B agrees to supply franchises operated by the Plaintiff with the goods prescribed in this Agreement.
- When the plaintiff requests the ordering of the goods, the defendant B shall deliver the goods normally in accordance with the criteria set forth in this contract.
- When there is a defect or defect in the goods supplied by Defendant B to the Plaintiff, the exchange shall be made without compensation and the refund shall be made after collecting the goods at the request of the Plaintiff within seven days from the date of the delivery.
- Defendant B may claim the price for the goods supplied to the Plaintiff in accordance with the standards set forth in the contract.
- Defendant B may claim the royalties of an item and a product distribution system provided to the Plaintiff.
- With respect to alcoholic beverages supplied by Defendant B, at the request of the Plaintiff or the Plaintiff’s chain store, return or exchange must be made as follows:
(Provided, that the goods requested for exchange may be available at the time of opening normal gamblings) - - the goods whose distribution period is not less than three months – the goods whose delivery is not less than two months (no deduction) - the goods whose distribution period is not less than two months - 15 per cent deducteds - the goods whose distribution period is not less than one month - 20 per cent - the goods in which defects have occurred by the plaintiff or the relevant chain store
- Goods supplied by Defendant B.