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(영문) 대구지방법원서부지원 2014.07.31 2013가단31957
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 29, 2012, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, who operated the “C” franchise business, to establish C franchise stores, and the main contents of the agreement are as follows.

Article 3 (Grant of Rights) (1) The defendant shall grant the right to establish and operate a franchise store at the location indicated below by the plaintiff. The name of the representative of C Daegu (D): the name of the plaintiff: D Article 6 (Effective Time and Contract Period) (1) The contract shall become effective from the date on which the plaintiff and the defendant affix their signatures and seals to this contract.

2. The initial contract term of this contract shall be two years from August 29, 2012 to August 28, 2014.

Article 13 (Contract Performance Guarantee) (1) The plaintiff shall pay 2 million won as contract performance guarantee to the defendant simultaneously with the conclusion of the contract in order to guarantee the payment of the amount of debt, such as the price of goods, advertising and promotion expenses, or the amount of damages caused by non-performance of the

(2) When this contract has expired or terminated due to the expiration or termination of the contract period, the defendant shall settle the remaining debts and amount of damages with the contract deposit and deliver the settlement statement, and shall refund the balance, if any, within ten days from

Article 22 (Supply, Management, etc. of Goods) (1) In order to maintain the identity of franchise business, the plaintiff shall be supplied with the original and subsidiary materials determined by the defendant to the defendant.

The raw and subsidiary materials supplied by the defendant shall be limited to money, kimchi, kimchi, kimchi, matrix, counter-flux, air conditioners, air conditioners, fracks, fracks, fracks, fracks, spanas, and other subsidiary materials, and these items may be modified in accordance with the management policies of the defendant.

(2) In order to maintain the identity of franchise business, the defendant may conduct a quality inspection of the plaintiff's items other than those determined by the defendant, and where the defendant handles the items not supplied or recognized as a result of the inspection.

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