가맹금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. Basic facts
A. On January 4, 2017, the Plaintiff entered into a provisional contract with the Defendant and a regional franchise store (hereinafter “instant provisional contract”). The details are as follows.
For convenience, this Agreement shall include the following: (a) the Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) shall enter into a provisional contract on all the following matters in accordance with the Project C:
Article 1(Purpose)The purpose of this Agreement is to facilitate C franchise business by good faith and good faith between “A” and “B,” and to facilitate mutual interest and development by faithfully implementing this Agreement.
Article 2 (Regional Business Rights and Titles) “A” has the obligation to grant “B” the exclusive business rights first to the Songpa-gu D and to protect “B” so that they can maintain the exclusive business rights first.
Article 3 (Contract A) 1. "A" shall pay in cash to "A" within seven days from the date of the preparation of the contract with respect to any of the provisional contract amounts proposed during the opening consultation, and the provisional contract amounts shall be offset by the cost of the establishment at the later time.
2.‘A’ and ‘B’ enter into this Agreement within 30 days after the completion of the Provisional Contract and, after the conclusion of this Agreement, ‘B’ unilaterally terminate the Agreement or fails to carry out the Agreement due to the reasons attributable to ‘B’, the provisional contract amount shall be recognized as the overall expenses of “A” and the “B” shall not raise any civil or criminal objection against it.
B. On January 4, 2017, the Plaintiff paid KRW 500,000 to E in terms of franchise business consultant expenses, and on January 5, 2017, the Plaintiff paid KRW 5,000,000 to the Defendant as a provisional contract deposit.
C. The Defendant: (a) entrusted the instant store’s interior construction to Flave 2 Co., Ltd. (hereinafter “Flave 2”), and (b) revised the design drawings for the instant store from January 20, 2017 to Flave 2.