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(영문) 대구지방법원 2018.07.25 2017나312771

물품대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff, which was established on January 31, 2013, is a franchisor that runs franchise business on franchise stores “C”, and had the franchise recruit franchisees by establishing a franchise regional headquarters for each region to expand the franchise nationwide.

B. On July 15, 2013, the Plaintiff consulted with the Defendant and E in order to establish a master franchisee’s regional headquarters in charge of the Yong-Nam area (Tgu, Gyeongbuk, Busan, and Gyeongnam). Accordingly, on July 15, 2013, the Defendant, along with E, F, established D Co., Ltd. (hereinafter “D”). Around that time, the Defendant assumed office for D’s inside director and representative director, E, and F, respectively.

C. On October 31, 2013, the Plaintiff entered into a contract with D to allow D to recruit “C” franchisees in the Yong-Nam area with the term of contract up to October 30, 2015.

According to the above business branch contract, D must establish a "C" franchise store (a franchise store established under the name of the master franchisee) in the Yong-Nam region in Yong-Nam region prior to the commencement of business activities for soliciting franchise stores, and may establish a antenna shop in the Yong-Nam region after the commencement of the above business activities. The Plaintiff shall be exempted from royalties for the antenna shop opened and operated by D during the contract period for franchise and business offices.

(See Annex 1). (d)

On July 23, 2014, the Plaintiff entered into a franchise agreement with D and Daejeon (hereinafter referred to as “C”), with the Defendant on July 24, 2014, and entered into a franchise agreement with the Daejeon Daejeon Bank (hereinafter referred to as “C”); and around that time, the luminous Keeping Point and Daejeon Bank was operated.

According to the above franchise agreement, a franchisee shall submit the original materials to the franchisor in accordance with the order method designated by the franchisor.