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(영문) 인천지방법원 2014.04.30 2013가단39666

가맹비반환등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts are acknowledged as follows: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 4; (c) evidence Nos. 6, 7, 10; and (d) evidence Nos. 1 and 2; and (c) the purport

A. On January 2, 2013, the Plaintiff entered into a franchise agreement (hereinafter “instant contract”) with the Defendant to establish and operate the Sodia C points (hereinafter “Sodia C points”) using the Defendant’s business mark at the 1st floor store in Gyeyang-gu, Incheon, using the Defendant’s business mark, which is the Defendant’s business mark. The main contents are as follows.

The defendant of the franchise headquarters that operates the franchise business under the name of the business name of the Soloo franchise agreement and the franchisee who intends to run the Soloo franchise store by using the franchise system of Sologram and Sologram shall closely examine each of the provisions listed in the main franchise agreement and enter into a franchise agreement as follows:

Article 3 (Indication of Franchise Points) (1) The franchise store established by the "Plaintiff" under this Agreement shall be as follows:

Article 7 (Independence of Parties to Contracts and Effectiveness of Contracts) (2) The "Plaintiff" shall operate the franchise store at the responsibility and charge of the "Plaintiff", and shall settle all disputes, etc. arising in the course of operating the franchise store at the expense of the "Plaintiff" at the expense of the "Plaintiff."

⑤ Since the amount of sales and revenues of the franchise store may vary depending on the management and business ability of the Plaintiff, the Plaintiff bears the responsibility for all the management thereof, and the Defendant’s “Defendant” does not guarantee the sales and revenues of the franchise store, knowing that the Plaintiff did not guarantee them.

6. This contract is between the Defendant and the Plaintiff.