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(영문) 수원지방법원성남지원 2016.01.20 2014가합203812
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a franchise business with the trade name of “H”.

B. On August 28, 2013, the Plaintiff entered into a franchise agreement with A as follows (hereinafter “instant agreement”).

Article 6 [franchise Fees, etc.] (1) A franchisee (hereinafter the same shall apply) shall pay to a franchisor two million won for educational expenses (excluding surtax) and three million won for franchise fees (excluding surtax) in return for each item in accordance with the criteria separately presented by the franchise disclosure statement or the franchisor (Plaintiff, hereinafter the same shall apply) at the time of concluding the initial franchise agreement, in accordance with the criteria separately presented by him/her in writing.

② The amount under the preceding paragraph is effective only during the term of this contract, and is not repaid as a matter of principle at the extinguished cost.

Article 16 [Period of Contract] This Agreement shall take effect only when the franchisor and the franchisee sign and affix their seals on two copies of this Agreement and only when the franchisee pays the franchise fee in full, and shall have its effect for three years from the date of the contract and shall be extended to two years if renewed.

Article 18 [Supply and Sale of Goods, etc.] (1) After entering into a franchise agreement, a franchisor shall supply franchisees with packaging materials, etc. necessary to maintain the unity of brands, such as trade names and service marks related to franchise business.

Provided, That where the franchiser is unable to supply commodities, it may supply commodities from the company designated by the franchiser.

(2) In order to maintain the identity and quality of "H", a franchisee shall sell or provide only goods, etc. with prior approval from the franchiser, and shall not sell or provide goods, etc. necessary for maintaining the specified quality of the franchise business, except goods, etc. approved where goods are provided by a designated entity referred to in the latter part of the preceding paragraph.

Article 32 [Grounds and Procedures for Termination of Franchise Agreement] (1) A franchiser shall cause any of the following events:

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