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(영문) 대전지방법원 2020.08.13 2017가단29047 (1)
계약금 등
Text

1. The plaintiff's claim is 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 under the name of C.

C It is a franchise business that enables customers visiting a franchise store to experience music destruction equipment, etc. and sell beverages, health food, etc., such as coffee, etc., and creates profits from the sales proceeds of equipment experience, beverages, etc.

B. On August 7, 2017, the Plaintiff entered into the instant franchise agreement with the Defendant and C’s senior position as follows (hereinafter “instant franchise agreement”).

Total contract amount: 110,000,000 won (excluding value-added tax, 10,000,000 won for the first down payment, 35,000,000 won for the second down payment, 40,000 won for the intermediate payment, 25,000,000 won for the remainder payment, 11,000,000 won for value-added tax, and 11,00,000 won for the value-added tax immediately at the time when the plaintiff makes a refund: the defendant shall deposit KRW 7,70,00 for the franchise at the same time as this contract is concluded.

Provided, That if the contract is terminated after the commencement of the franchise business, the franchise fee shall not be refunded as the first extinguished cost incurred by the defendant in order to participate as the C franchise store.

(Article 13) In the event of delay in the performance of the obligation to pay money or of the obligation to pay money which is due under this contract, 24 per annum for the unpaid amount after the due date shall be added from the day following the due date to the date of payment.

(Article 38) - Types 13 - Instruments 13: Empha, Empha magympire, spine ebrates, extreme supersampire, high-frequency containers, and TV sets sets, etc. - superscopic goods: 15,000,000 service goods and 15,000,000,000,000,000,00: Signboards and other intellectual property rights: Signboards and other intellectual property rights; the plaintiff shall implement procedures necessary to secure exclusive exclusive rights for business marks and other intellectual property rights.

The plaintiff is applying for the following service marks, and the plaintiff is engaged in business activities using the following service marks:

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