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(영문) 수원지방법원 2016.11.29 2015나45595
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except for the addition of the judgment of the defendant in the court of first instance to the judgment of the court of first instance under section 9, Paragraph 4 of the same Article, and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, the court’s explanation of this case is to

[Supplementary Decision]

3. Judgment on the defendant's assertion

A. Article 35 of the Act on the Guarantee of Minimum Revenue of Franchiseess in the instant franchise agreement is unclear, and thus, it should be interpreted in favor of customers. Although the goods owned by the franchise store are transferred to the Plaintiff for the purpose of security upon the termination of the contract, Article 53 of the instant franchise agreement, which provides that the Plaintiff shall not be entitled to receive the goods or sell the goods to a third party, and thus, the amount of the goods proceeds cannot be deducted from the sales proceeds, is unilaterally made by all member stores to bear business losses, and is null

B. Article 35 and Article 35 of the instant franchise agreement (Guarantee of Minimum Import of Franchisees)

1. In the event that the annual sales revenue of a franchise store (Article 30(1) (Article 30(1)) (Article 30(2)) (Article 30(3)) (Article 30(3)) (Article 30(3)) (the “minimum amount of sales promotion subsidy”) is below the annual amount of 60 million won even though the Plaintiff was engaged in daily business through an annual basis pursuant to Article 22(1), the Plaintiff shall subsidize the difference to the franchisor, but the “minimum amount of sales revenue” does not exceed the gross sales profit accrued from normal business activities.

(A) The method of calculating the franchise store income is stipulated, and if the above franchise store income does not exceed 60 million won a year, the difference (minimum amount of the franchise store income guarantee) shall be subsidized by the Plaintiff, but the "minimum amount of the member store income guarantee" supported by the Plaintiff is generated by normal business activities.

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