위약금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) The Plaintiff is a company that carries on interior fisheries, such as bathing rooms, commercial buildings, apartment houses, etc., and franchise business related thereto.
(2) On May 6, 2013, the Plaintiff entered into a franchise agreement (hereinafter “each of the instant franchise agreements”) with Defendant A and Plaintiff Company D (hereinafter “B”) on May 22, 2013 with respect to Defendant B and Plaintiff Company F (hereinafter “B”) on May 22, 2013, and on July 1, 2013 with respect to Defendant C and Plaintiff Company H (hereinafter “instant franchise agreement”).
B. The main contents of each of the instant franchise agreements are as follows.
Article 4 (Grant of Right to Use Business Marks, etc.) (1) A shall grant B (Defendants) the following rights in accordance with this Agreement:
1. A right to use business marks, such as trade name, trademark, service mark, etc.
1. The money that a business mark, etc. shall be paid to A in accordance with this Agreement in signboards, chain store facilities, vehicles, etc. (payment of franchise fees, etc.)
(3) Materials and goods necessary for the initial service of KRW 1,100,000 for the execution defects, such as performance guarantee education, technical education, practical training, field education, etc. for the operation of KRW 5,500,00 for the trademark of KRW 5,500,00 for the trademark of KRW 5,500,000 for the separate amount, the mutual right to use, the right to obtain approval for the regional promotional expenses, and the new education for the promotional expenses, and the settlement of goods necessary for the performance guarantee for the execution defects.
1. Franchise expenses and educational expenses: The date of preparation of a written contract;
2. Performance guarantee: 165,00 won per month for the regular payment paid by Eul to Gap for the use of business marks, etc. when written contracts are prepared, and corresponding to the relevant month on the 15th of each month after the completion of education.