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(영문) 전주지방법원 2018.08.23 2017나8152
위약금 등
Text

The judgment of the first instance shall be amended as follows:

The defendant is against each of the plaintiffs' KRW 20,000,000 and each of the above amounts.

Reasons

The recognized plaintiffs are those who conduct franchise business concerning the elderly weekly protection services under the trade name of "D".

The Plaintiffs and the Defendant drafted a franchise agreement on October 24, 2014 (hereinafter “instant franchise agreement”) with the following content as indicated in the table.

The franchisor at the end of the above contract includes the name and personal information of the plaintiffs, and the name column of the franchisee includes the I Cooperatives, E, and the defendant, and the registration number column shall include the registration number or the registration number number of the plaintiffs in the registration number column.

Article 2 (Adjustment of Terms)

1. The term "franchiser" means a business entity that grants franchisees a license to run a franchise store;

2. The term "franchisee" means a business entity that holds a license granted to run a franchise store in relation to a franchise agreement;

Article 11 (Effective Date and Contract Terms) and [Attachment 1] ① The effective date of this contract is October 24, 2014, and the contract term is from October 24, 2014 to October 23, 2016.

Article 17 (Rotity and Supply Cost) (1) A franchisee shall pay 220,000 won, a fee for the monthly use of business marks and other intellectual property rights of the franchiser, to the franchiser by the 25th of the following month.

Article 37 (Cancellation of Contracts) (4) Where a contract has been terminated due to a violation of a contract that is not agreed by the Parties in writing during the contract period, unilateral termination, etc. during the contract period, the franchiser and the franchisee shall pay the other party liable for termination of the contract the following amount as penalty

provided, however, that if penalty is paid under each provision, that provision shall take precedence over the penalty provision under this section.

: 500,000 won 】 Article 38 (Termination of Contract and Measures) (1) Where a contract expires due to the expiration or termination of the contract, a franchisee shall be promptly.

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