logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.30 2017가단8157
시설투자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from January 3, 2017 to the date of complete payment.

Reasons

Basic Facts

The Plaintiff is a corporation that manufactures and sells various bread using the trade name and trademark of “A”. The Defendant is an individual who has operated a brea specialized sales store (hereinafter “instant store”) with the trade name of “E” since five years prior to the lease of a deposit amount of KRW 100 million and monthly rent of KRW 20 million located in Gangnam-gu Seoul Metropolitan Government D located in “A.”

On March 25, 2016, while the Defendant employed 7-8 employees at the instant store and sold drinking water and sold drinking water. On March 25, 2016, the Plaintiff entered into a contract with the Plaintiff to provide “A” in the instant store by directly providing support for facility investment and production human resources (hereinafter “instant contract”), and agreed as follows.

Article 2 (Terms and Conditions of Contracts) “B (referring to the Plaintiff)” provides “A (referring to the Defendant)” with repair, replacement of signboards, production facilities, etc., grant agency authority, and enjoy various incidental benefits from agency business.

Article 3 (Contract Terms and Conditions and Obligations) “A” shall include (1) trade name and trademark of goods as “A”.

(3) Payment 2,500,000 won per month of the royalty using the trademark (the monthly reduction of 300,000 won per month under a special agreement) to “B”.

“B” means (1) support for facility investment and production human resources for the promotion of business.

Article 4 (Sanction against Breach of Contract) If a party fails to comply with the above arrangements or if it is deemed difficult to maintain a contract due to any of the following reasons, the contract shall be reversed and the compensation for damages arising therefrom shall be liable.

(1) Where a contract within five years is terminated due to the circumstances of “B”, the equipment invested by “B” shall be transferred to “A” free of charge.

(2) If a place of business is removed within five years due to a cause attributable to A (e.g., the unpaid rent, etc.), “A” shall be referred to as “B” as “B” with a daily fee of KRW 30,000 (e.g. 30,000).

arrow