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(영문) 인천지방법원부천지원 2015.06.10 2014가합5202
위약금
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1. Defendant B’s KRW 4,296,00 for the Plaintiff and KRW 5% per annum from August 15, 2014 to June 10, 2015.

Reasons

1. Basic facts

A. The status of the parties and the pertinent Plaintiff are companies established for the purpose of running the franchise store business, and are operating the restaurant franchise business under the trade name of “D,” and the Defendants are those who entered into a branch contract with the Plaintiff for the recruitment and management of franchisees as follows:

B. Article 5 (Conclusion of D Contract between the Plaintiff and the Defendants (the franchise fee, education fee, etc. of the branch office) ① The Defendants shall pay KRW 50,000,000 to the Plaintiff on the day of the contract in return for granting the authority of the branch office at the time of the contract.

(8) Details of franchise expenses, educational expenses, etc. that the Defendants receive from franchisees shall be prescribed as follows:

1. The Defendants shall provide local franchisees with a franchise agreement and a post- franchise agreement and a deposit statement to the Plaintiff, and shall pay the necessary amount to the Plaintiff.

2. Claim 50,00,000 won (excluding value-added tax) 100,000,000 won (excluding value-added tax) which the Defendants paid to the Plaintiff on the designated account by the Plaintiff, the Plaintiff and the Defendants, and the franchisees, shall be liable to pay the Plaintiff KRW 100,000,000 (excluding value-added tax) which the Defendants deposited with the Plaintiff’s franchise deposit amount of KRW 2,000,000 (excluding value-added tax) with the Plaintiff’s deposit deposit of KRW 2,00,000 (excluding value-added tax) with the Plaintiff’s deposit of KRW 5,00,000 (excluding value-added tax) with the Plaintiff’s deposit of KRW 5,00,000 (excluding value-added tax) with the principal office’s deposit of the Plaintiff’s designated account, and the Plaintiff shall be liable to pay the Plaintiff KRW 1,000,000 (excluding value-added tax) with the Plaintiff’s new branch office’s payment of KRW 1,0005,000 (00.

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