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(영문) 제주지방법원 2016.04.26 2015가단52953

기타(금전)

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 7, 2015 to April 26, 2016.

Reasons

1. Basic facts

A. On February 24, 2015, the Defendant entered into a franchise business agreement with the Plaintiff, and the Plaintiff, providing “C” with a mutual right to operate a specialized swine restaurant with the following content.

1) The Defendant, as a franchis developer under the “C” brand, grants the Plaintiff the right to operate a franchise store using the “C” business mark, and provides management support, and the Plaintiff pays the Defendant for the use, management support, etc. of the business mark. 2) The Plaintiff may terminate the contract where the Defendant fails to comply with the agreed goods and materials supply, management support, etc. without good cause.

3) The Plaintiff shall pay KRW 10,000 to the Defendant at the time of the conclusion of this contract. The franchise fee is a consideration for the Defendant’s provision of the franchise operating manual, the opening of a franchise business, and the granting of the franchise license to the Plaintiff. 4) The Plaintiff shall pay KRW 5,00,000 to the Defendant as the deposit for performing the contract when the franchisee enters into the contract, and the Defendant shall settle and return the account at the time of the termination or termination of the contract

5) The Plaintiff shall pay KRW 10,000,000 to the Defendant at the expense of education and training at the time of the franchise agreement. This is not possible to request the Defendant to return all after the completion of education as a result of the service theory and the cooking practice education, and the training program for the operation of the franchise store. 6) The Plaintiff uses and sells only 100% of Jeju swine, uses Jeju swine Co., Ltd., uses Jeju Pitus Co., Ltd., and uses walscituss (10,000,000) produced on the side of the “C”.

B. Under the above contract, the Plaintiff paid KRW 35,00,000 to the Defendant totaling KRW 10,000,000 for franchise, KRW 5,000 for deposit, KRW 10,000 for commencement of business, KRW 100,000 for elementary machines, and KRW 10,000 for elementary machines, and KRW 35,00,000 for the Plaintiff’s husband, and Party D and Party E received education and training at the head office from around the date of conclusion of the above contract to March 25, 2015.

C. The plaintiff completed the education and training of D and E.