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(영문) 대전지방법원 천안지원 2018.10.19 2018가합100864
가맹점 인수 등 청구의 소
Text

1. The Plaintiff, Defendant B Co., Ltd., and Defendant C Co., Ltd., jointly and severally with Defendant B Co., Ltd.

Reasons

1. Basic facts

A. On February 5, 2017, the Plaintiff entered into a franchise agreement on D (hereinafter “instant franchise agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant B”). The main contents are as follows. Defendant B (hereinafter “Defendant”) and franchise store operators (hereinafter “B”) shall closely examine each of the provisions listed in the instant franchise agreement and enter into the E franchise agreement as follows.

Article 44 (Matters under Special Agreement)

1. Where average sales are below 15 million won or the amount of revenue ( approximately 3 million won) for a period of six months from the date of open, the head office must accept the points when it is requested to transfer or acquire points.

Provided, That this shall not apply where there is a positive cause for the decline in the sales due to the clicker's problems in the customer services or the store's own operation, and where it falls under the grounds for refusal to renew the contract and for cancellation of the contract (p20-p22) on the information disclosure statement.

2. When acquiring a store at the head office, the full amount of deposits, interiors, equipment and facilities, contract deposit, and household expenses shall be refunded;

Provided, That this shall not apply to expenses for franchise, educational expenses, and goods (raw materials) but shall not claim any similar right, regardless of the business right, premium, or other name, or seek compensation therefor at the head office.

3. In cases of employing a shop dispatched from the head office, a fixed amount of KRW 400,000,000, out of the total benefits 2,200,000, including transportation expenses, shall be subsidized from the head office, and retirement allowances shall also be subsidized from the head office;

4.Other investment details and methods of payment in Appendix 3 are as follows in order to open and operate a franchise store in the conclusion of the franchise agreement by Defendant B, the principal shall pay to Defendant B or partner companies:

I have to pay the amount to be paid under the execution/Renewal of the franchise agreement with Defendant B in accordance with the following schedule:

BF.

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