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(영문) 창원지방법원마산지원 2016.01.13 2015가단101095

가맹금반환 등

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. Defendant C is a person registered as the business owner of the original datum, which is the head office of Party D, of Party D, the lessee of Party D, and Defendant B operates Party D’s Seoul Point, and the Defendants are their own stores.

B. On June 19, 2014, the Plaintiff entered into the instant franchise agreement with D (hereinafter “instant franchise agreement”) with the business territory and with the contract term of three years, and the other party to the agreement was the Defendant C, and the Defendant B was the Defendant’s agent, respectively.

C. According to the instant franchise agreement, if the Plaintiff entered into a contract for lending goods with a customer at a franchise store, it directly delivers goods to the customer at the head office, and the Plaintiff pays royalties, laundry, delivery charges, etc. to the head office with the customer’s lending fees.

The main contents of the instant franchise agreement are as follows.

The head office shall approve the lending of goods provided by the franchise store to the head office and actively cooperate in the business of the franchise store. A franchise store shall pay KRW 90,000,000 and KRW 10,000,000 to the head office at the time of entering into a contract, and the contract maintenance amount shall not include the supply of new goods at the time of entering into a contract by the head office and the management of the overall system during the contract period, but shall not be paid in any case, and the above contract maintenance amount shall not be refunded in any case, and the above contract maintenance amount shall guarantee damage arising from the price of the goods supplied to the franchise store by the head office to the franchise store (referring to the new goods supplied by the head office after receiving KRW 2,00,00 from the franchise store as seen below) after entering into a contract and from the franchise store to the termination of the contract. For the goods packed at the request of the franchise store, the franchise store shall pay KRW 220,000,00 per fee, delivery and 30,00 small.