약정금
1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, 5,362,50 won against the Defendant (Counterclaim Plaintiff).
1. Facts of recognition;
A. The Plaintiff is a franchisor operating the PC-free franchise, called “FPC room”.
B. On June 27, 2017, the Defendant concluded a franchise agreement with the Plaintiff in two sectors (No. 6, hereinafter “instant agreement”) with the Plaintiff in order to open the FPC room for operating the PC room in the Silung-si C Building D and E store (hereinafter “instant store”).
1) The Rotterdam Corporation ① The Plaintiff does construction work for the installation of a PC room at the instant store and supplies various office equipment, such as computers, tablers, chairs, etc.
② The Defendant shall pay the Plaintiff the total amount of KRW 152,00,000 (including value added tax, 167,200,000,000) for the expenses for the collection of interior works and facilities (each of the particulars shall be based on the size of the head office, etc., and see separately estimated items), and the intermediate payment of KRW 45,600,000 on the day of the contract, the intermediate payment of KRW 76,000 shall be paid by 30,40,000 until the completion of wood works, and the remainder amount of KRW 30,40,000 shall be paid by not later than two days prior to the
2) The franchise franchise division ① The Plaintiff is allowed to use the “FPC room”, the trade name of the Plaintiff’s trademark (Article 2). ② The royalty column is a royalty for the Defendant to use the trademark right owned by the Plaintiff, and the Defendant pays to the Plaintiff KRW 250,000 (a value-added separate) monthly royalties (Article 5). ③ The Plaintiff supports the Defendant’s signboard of the head office.
The defendant shall bear the additional costs of protruding signboards (protruding signboards and additional signboards) in a case where they wish to do so in excess of the signboard size supported by the plaintiff.
The ownership of a signboard provided is owned by the Plaintiff and can be removed at the Plaintiff’s discretion at the time of termination of the contract (Article 9). (4) The Plaintiff regularly manages and supervises the store operated by the Defendant (Occasional regular inspections, remote support services, etc.): Provided, That the payment of royalties is overdue for at least one month, or it is difficult to maintain a mutual relationship due to the occurrence of the cause for termination of the franchise.
If it is determined, the service shall not be carried out.