beta
(영문) 서울중앙지방법원 2018.05.31 2017가단20133

광고대금

Text

1. The Defendant shall pay to the Plaintiff KRW 4,695,200 as well as 15% per annum from February 9, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the two skin management system and the home care sales business with the trade name, trademark, service mark insignia, etc. of “D” and the Defendant is a person who operated D primary points.

B. On May 31, 2007, the Plaintiff and the Defendant drafted “(State) franchise agreement” (hereinafter “instant franchise agreement”) related to the instant case as follows.

(hereinafter referred to as “A” and “B” refer to the Plaintiff, “B” and “B”). Article 1 (Grant of Rights to A and B) In order to run the franchise business developed by them, a franchise operator shall grant the following rights to the franchise operator, specifying:

1. The right to use the trade name, trademark, service mark, emblem, etc. (D);

2. A shall provide B with machinery, equipment, education, business know-how, etc. in the two skin control system to be handled by A, and shall grant B with the right to sell home-care supplies such as ampampoo and ampoo and ampoo, and fashion.

3. B shall, in principle, exhibit and use only two controlled equipment and materials provided by Gap, which are necessary for business activities;

4. No product referred to in subparagraph B shall be supplied to general consumers with similar products.

(At the time of the use of other products by Eul, Gap shall terminate the contract without any condition)

5.At the time of the franchise agreement, the royalty and educational expenses (franchisium) shall be terminated and shall not be refunded from the date of the agreement.

6.B at the time of the franchise agreement, the quantity of the original map for the portion purchased shall not be returned and exchanged.

Article 2 (Business Area)

1. Eul shall operate a business area within the “Gamesan store” area designated by Eul;

(in principle, separate contracts shall be placed at the time of moving to another area and resumption) Article 4 (Contract for Products)

1.The primary order quantity of the goods ordered to A shall be subject to the separate provisions of this order.

2. B shall request A in writing not later than 10 days prior to the order of the product.

Article 5 (Price Settlement)

1. Eul shall settle the approval of his/her product as a prepaid payment and approve the approval;

2. As to an advertising contract: