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(영문) 서울중앙지방법원 2017.12.01 2016가단5220948

매매대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay KRW 919,650 to the Plaintiff (Counterclaim Defendant) and its related amount from March 3, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On October 28, 2014, the Plaintiff entered into a franchise agreement (hereinafter referred to as “instant franchise agreement”) with the Defendant on October 28, 2014, setting the “health feet” column B as between October 29, 2014 and October 28, 2017, with the following terms:

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchisees) (2) Procurement and management of goods

1. The “Mere-Standardization” is to increase the convenience of customers so that customers may feel a uniform image at any time in order for customers to feel the same satise.

Furthermore, it is pursuing the co-development of the whole member shop by enhancing customer brand loyalty, brand trust, and pursuing the co-development.

Therefore, the defendant must be supplied by the plaintiff with essential items for the unity of franchise business during the business (the required items in the franchise disclosure statement V-1).

(The order of goods shall be issued three times a week in principle, and the price of the goods shall be paid to the plaintiff immediately after the order is issued. (The order of goods shall not be paid to the plaintiff without the plaintiff's permission. (2) The price of the goods shall be paid to the plaintiff.

Expenses for delivery shall be borne by the defendant.

Article 15 (Matters concerning Penalty and Penalty for Breach of Contract) (6) In the case of this Article, the defendant shall pay the unpaid amount in addition to the interest rate of 20% per annum from the day following the expiry date of the payment period to the day after the expiration date of the payment period for the unpaid amount after the lapse of the payment period for the price specified in the information disclosure statement and franchise agreement.

B. In order to supply logistics, etc. necessary for the business to the Defendant and chain stores, according to the instant franchise agreement, the Plaintiff is installed in each store and inputs the details of orders and sales.