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(영문) 대구지방법원 2017.09.12 2016가단121212

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a franchisor that grants franchise business operators a franchise license to run a franchise store with respect to the operation of the coffee store “C”. The Defendant is the representative director of D Co., Ltd. (hereinafter “D”) among the Plaintiff’s franchise regional headquarters.

B. On July 23, 2014, the Plaintiff drafted a franchise agreement with D on the “C”’s mineral deposit points, and on July 24, 2015, a franchise agreement with the Defendant on the Daejeon Bank Points.

D has operated a luminous keeping point by making a point of D ore dressing keeping store.

C. D and the Defendant agreed to pay the price for the goods supplied by the Plaintiff in the franchise agreement by the 10th day of the following month (if the 10th day is a legal holiday, the next business day) and, if the payment is delayed, by the 6% interest per annum from the day following the due date until the due date.

From January 2015, the payment of the price for the goods occurred in the Daejeon Bank, and from May 2015, the price for the goods occurred in the Daejeon Bank. As of July 31, 2016, the price for the goods at the Gwangju Bank was 21,93,174 won as of July 31, 2016, and the price for the goods at the Daejeon Bank plus 28,211,161 won as of July 201.

E. Meanwhile, D was exempted from royalties during the period of maintenance of the contract of the branch office while operating the antenna store, but, after October 31, 2015, agreed to pay the Plaintiff the royalty of 3% of the monthly sales (including value-added tax) by October 10 of the following month, as a general franchise business operator after the termination of the contract of the branch.

On July 31, 2016, royalties not paid until now are KRW 2,924,453.

【Ground for recognition】 Facts without dispute between the parties, Gap evidence 1, 2, 8, 9, and 10-1, 2, 11, 14, 15, 16, 17, and 18; the purport of the whole pleadings

2. Claim against the luminous Keeping Point.