(영문) 의정부지방법원 2016.01.27 2015가단7039

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(영문) 의정부지방법원 2016.01.27 2015가단7039

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2013, the Plaintiff entered into a franchise agreement with the Defendant on the cafeteria, and its main contents are as follows.

1) The Defendant shall pay the Plaintiff a down payment of KRW 1 million up to May 24, 2015, KRW 4 million up to May 28, 2013, and KRW 10 million up to June 20, 2013, respectively. 2) The contract term is two years from the date of conclusion of the contract.

3) In principle, the interior decoration of a franchise store is designed in the consensus designated by the Plaintiff, and is constructed by the drawings confirmed by the Defendant. 4) The Defendant must handle only the materials supplied or designated by the Plaintiff, and sell materials supplied by the Plaintiff or supplied by the company designated by the Plaintiff.

5) The Defendant shall comply with the selling price of the domain Newcom proposed by the Plaintiff, and the Defendant shall not develop a separate domain Newcom outside the Plaintiff’s designated domain Newcom, and, in particular, obtain the Plaintiff’s permission if an additional domain Newcom is needed in accordance with the business district. 6) The Defendant shall not be supplied with materials at his own discretion by the Plaintiff or an enterprise designated by the Plaintiff, and shall pay 500,000 won per month to the Plaintiff for compensation for damages incurred when the Defendant received from another enterprise or when using another product and for violation of the contract. At any time, the continuous detection shall be made by the Defendant until the transaction with the Plaintiff or the enterprise designated by the Plaintiff.

7 If the defendant violates each provision of this Agreement, the plaintiff may execute the contract with the defendant without notice and peremptory notice as to the removal of B's trade name, as well as the cancellation of the contract, and if the plaintiff suffers financial loss, the defendant shall compensate for the damage.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant voluntarily carried out the interior work, and the remainder of the franchise fee was paid after much more than one month, and the Plaintiff provided or requested a signboard, rais, rais, rash, etc.

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