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(영문) 춘천지방법원 속초지원 2018.02.13 2016가단301358
가맹금 등 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 5,00,000 and the interest rate of KRW 15% per annum from December 20, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On October 28, 2014, the Plaintiff entered into a franchise agreement with the Defendant as to B (Evidence A No. 1; hereinafter “instant franchise agreement”) and around that time, the Plaintiff paid KRW 20 million to the Defendant, KRW 5 million, KRW 5 million, KRW 5 million, KRW 15 million, KRW 20 million, and KRW 65 million, including supervision expenses.

The details of the instant franchise agreement concerning the instant case are as follows.

Article 9 [Effective Date and Contract Terms] (2) The first contract term of this contract shall be two years from the date of conclusion of the contract.

Provided, That the same shall not apply to cases otherwise provided in this Agreement.

Article 11 [Facilities of Shops] (1) “B” (hereinafter the same shall apply) shall be designed and constructed in accordance with the standards set forth in “A” to protect the trademark rights of “A” (the defendant; hereinafter the same shall apply) and to maintain the identity and originality of the entire franchise business in order to maintain the identity and originality of the franchise business.

The facilities installed according to the inspection and inspection of "A" shall be completed at the expense of "B", and "A" shall be supervised by the design drawings by not later than three days before the commencement of construction.

(2) The term "B" may be directly constructed or built by an enterprise designated by "A" according to the specifications prescribed by "A".

In such cases, "A" shall dispatch and supervise employees to maintain the identity of the franchise business and to ensure the smooth progress of the construction work, and "B" shall pay 15% of the expenses for the interior work (the additional tax shall be paid to "A" before the beginning of the construction work, at the cost of the provision of construction manuals, drawings supervision, and construction supervision.

Article 14-1 [Roti] ① The term "B" means the royalties of 1% of the monthly sales in return for the continuous support, education, management, management, etc. for the use of business marks A, business activities, etc. for the maintenance of franchise business after the opening of the franchise store.

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