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(영문) 의정부지방법원 고양지원 2018.05.02 2017가단87230
권리금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 24, 2014, the Plaintiff entered into a contract (hereinafter “instant premium contract”) with Defendant D to the effect that the Plaintiff will acquire all the business facilities and operating rights of “Yanpo EDadong (F)” in the amount of KRW 200 million for premium (hereinafter “the instant premium contract”). On the same day, the Plaintiff’s husband transferred KRW 200 million from the Plaintiff’s new bank account (her husband) to Defendant D.

B. On August 8, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant”) holding the franchise called “F to operate” (hereinafter “Defendant”) in Kimpo-si, Kimpo-si, 2014.

1) A (Defendant Company) approves the Plaintiff’s use of the trademark and trade name “B-F”, and B sells products supplied by A while using it. (2) The contract term is from August 8, 2014 to three years, and if A or B does not file an application for cancellation by not later than two months prior to the expiration of the contract, it shall be extended for three years.

3) Products refers to Mere new products approved by A for sale to consumers. Products refer to freezings, refrigeratings, general raw materials, packing materials, expendable goods, etc. used in manufacture and sale. 4) “B” must only deal with products supplied or designated by A in order to provide uniform massage and standardized services to customers who find “B-F” and shall not purchase or sell other products.

5) The sales price of goods and goods shall be determined by Gap, and Gap shall make every effort to supply high quality and low-quality products to Eul. 6) If Eul violates its obligations set out in this Agreement, Gap may terminate the contract immediately.

C. The Plaintiff leased the instant store from I around July 31, 2014, and completed business registration with the trade name “J” on August 8, 2014, and thereafter, from around that time to August 2017.

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