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(영문) 부산지방법원 2015.02.13 2013가단38752
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,00,000,000 to the Plaintiff (Counterclaim Defendant) for each of the following: from June 4, 2013 to February 13, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Defendant is a franchisor that runs a franchise business under the name of “C” (hereinafter “instant franchise business”), and the Plaintiffs entered into a franchise agreement with the Defendant (hereinafter “instant contract”), as follows, and the Plaintiffs agreed to pay KRW 29 million for each first franchise fee ( KRW 5 million for the first franchise fee, KRW 5 million for contract deposit, KRW 14 million for kitchen facilities and equipment, and KRW 3 million for public relations activities) to the Defendant, and to pay KRW 2.5 million for monthly franchise fees. According to the agreement, the Defendant, on July 27, 2012, at the location of the store under the contract for a franchisee, to provide free gifts at a discount rate of KRW 2.5 million for the promotion of the nationwide franchise business, KRW 29 million for the promotion of the sale of the instant franchise business, KRW 5 million for the first franchise business, KRW 5 million for contract deposit, KRW 5 million for the first franchise business, KRW 14 million for the purpose of promoting the sale of the instant franchise business on July 26, 2014.

Accordingly, from October 2012, the Defendant carried out the event of “G” (hereinafter “instant event”), which is a discount sale event in which all the 16 stores nationwide (16 stores) participate.

According to Article 26 of the contract of this case, the defendant can limit the supply source of raw materials, etc. to himself/herself or a specific third party.

According to the franchise agreement, the defendant has supplied the plaintiffs with Bablecream, fruit, typ, pula pulse, milk, Dou's original amount, fashion powder cost, fashion powder cost, ice powder, and so forth, which are the raw materials required for franchise business.

Plaintiff

A through a content-certified mail on January 9, 2014, Plaintiff B notified the Defendant of the termination of each of the instant contracts through a content-certified mail on March 6, 2014, and then closed the instant franchise store business and sold B B in the same place.

[Ground of recognition] The facts without dispute, Gap 1, 9, 10, 11, 60, and Eul 21 and 22 are described, and arguments.

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