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(영문) 서울남부지방법원 2016.05.26 2015가단200788
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) is either KRW 10,00,000,000 against the Defendant (Counterclaim Plaintiff) and KRW 5,000,000 against the Defendant (Counterclaim Plaintiff) and this.

Reasons

1. Basic facts

A. On March 3, 2012, Defendant B entered into a franchise agreement. On June 19, 2012, Defendant B acquired all of the “A” franchise business from H to the company established by converting H into a corporation on June 19, 2012. Defendant B entered into the instant FF franchise agreement under the name of his/her spouse, and there is no dispute between the Plaintiff Company and the said Defendant with respect to the fact that the actual contractual party is Defendant B; hereinafter the term “Plaintiff Company” refers to the Plaintiff Company without distinguishing the Plaintiff Company, H, and the term “Defendant B” without distinguishing the Defendant B and I. From March 3, 2012 to March 2, 2014, the term “Defendant B” refers to two years from March 3, 2012 to March 2, 2014 (hereinafter the same shall apply).

(i)the F Points (hereinafter referred to as “F Points”) set forth;

(2) On May 30, 2013, Defendant B entered into a franchise agreement with the Plaintiff Company on May 30, 2013, setting the location of the store as two years from May 30, 2013 to May 29, 2015, i.e., franchise fee of KRW 10 million, educational expenses of KRW 1.5 million, and royalties sales of KRW 2.4%.

However, according to the terms and conditions of the contract, the Plaintiff Company exempted Defendant B from the franchise and educational expenses for Defendant B's J points, and was lowered to 1.2% of royalties.

3) On March 20, 2013, Defendant C determined that the 2nd floor of K Building in Gyeyang-gu, Incheon Metropolitan City where the store is located, the term of the contract from March 20, 2013 to March 19, 2015, 2 years from March 20, 2013, franchise expenses of KRW 10 million, educational expenses of KRW 1.5 million, and royalties sales of KRW 2% (hereinafter “L store”).

(B) The franchise agreement was entered into with respect to each of the instant franchise agreements. (c) The main contents of the instant franchise agreement are as shown in the attached Form. (1) The Plaintiff Company violated the guidelines for the operation of franchise stores on October 30, 2013, serious problems of health and sanitary conditions, and breach of the agreement through purchase of stores.

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