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(영문) 서울중앙지방법원 2014.06.03 2013가단201583

가입금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts are not disputed between the parties, or found in Gap evidence Nos. 1, 2, 7-1, 2, and 1-2, and the whole purport of the pleadings.

On August 2012, the Plaintiff, as a mother-do Matern, obtained a proposal from Defendant C on the establishment of “D’s business rights for the use of mountainous districts,” and entered into a contract with Defendant C, the representative of Defendant B, on behalf of Defendant C (hereinafter “instant contract”). The main contents are as follows.

Article 2 (Grant of Rights) (1) B (hereinafter the same shall apply) shall have the right to operate in the area of Seocho-gu Seoul Metropolitan Government.

(3) A (Defendant B, hereinafter the same shall apply) shall grant the following rights to operate a smooth business:

1. Use of trade name, trademark, service mark, emblem, etc.;

2. Provision without compensation of commodities, materials, various kinds of equipment, etc.;

3. Recruitment, education, management, and business support for the manager of the maternity manager of B by Gap;

4. The contract period of Article 3 (Contract Period) of the Use of Childbirth and Customer Center operated by A shall be three years from the contract date.

Provided, That the contract period may be extended through mutual consultation between A and B.

When the contract is terminated due to low business activities after three years, Gap shall pay 25,000,000 won to Eul and shall operate it directly.

Article 4 (Termination of Contract) A and B may, to the extent they violate this Agreement, take each of the following rights:

(1) B may terminate a contract where it has not complied with the credit in mutual cooperation and transaction relations with A or other branch offices.

Article 5 (Joining Expenses) (1) B shall pay 50,000,000 won when a contract is concluded.

(2) Entrance fees shall be support for the establishment of branch offices, educational expenses, advertising expenses, etc., and shall not be refunded when the termination of contracts between A and B has occurred.

Article 9 (Advertisements) (1) A shall be engaged in the Internet, TV, female magazines, newspapers, for the promotion of franchise business.