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(영문) 서울남부지방법원 2017.07.18 2016가단241458

위약금 등 지급청구의 소

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1. The Defendant’s KRW 37,300,000 as well as 5% per annum from October 11, 2016 to July 18, 2017 to the Plaintiff.

Reasons

Article 6 (Matters concerning Conditions for Business Activities of Franchisees) (2) The 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 franchise business by enhancing the brand loyalty and brand trust of customers.

Therefore, "B" should be supplied from "A" to essential items for the unity of franchise business during the business (the required items listed in Ⅴ-1).

(10) In any of the following cases, the suspension of the supply of a good may suspend the supply of the good and the material to “B” after giving written notice seven (7) days prior to the date of entry into the designated essential product or without the permission of “A”:

1. “B” shall pay to “A” by the last day of each month the royalties (50,000 won a month, and VAT separate) equivalent to the cost of the use of a business mark, the management of a franchise store, the use of a franchise program, etc., where “B” is in arrears with the cost of goods or the cost of expenses to be paid to “A” two or more times;

Article 14 (Matters concerning Transfer, etc. of Business) (1) The franchise license shall be given to "B" who has entered into a franchise agreement with "A".

Therefore, in order to transfer the franchise license to another person due to personal circumstances, inheritance, exercise by proxy, or to entrust, establish collateral, operate a partnership business, make it possible to move the store, it is necessary to obtain prior approval from "A".

Article 15 (Matters concerning Compensation for Damages Caused by Violation of Franchise Agreement) (2) Where “B” terminates a contract after the conclusion of the contract without any cause attributable to “A” but before the commencement of the business, “B” shall be punished against “A”.