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(영문) 대전지방법원 2016.01.21 2014가단25037
물품대금반환 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 73,473,760 as well as to the day of full payment from September 23, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On March 19, 2014, the Plaintiff entered into a franchise agreement with Defendant D, the agent of Defendant B Co., Ltd. (hereinafter “Head”) to supply products at the headquarters as follows:

(hereinafter referred to as “instant franchise store agreement”). Article 2 (Period of Contract) ① Article 3 (Franchis Fees for Two years) (1) From March 19, 2014 to April 19, 2016, the cost-bearing of a franchise store in consultation with the headquarters shall be deemed to purchase goods equivalent to KRW 150,000 in cash at the time of opening a franchise store, and no other franchise shall accrue.

Provided, That additional miscellaneous expenses (such as shopping bags, guarantee notes, etc.) shall be additionally incurred.

Article 8 (Termination of Contract) (2) A chain store may terminate a contract with a grace period of two months, even during the term of the contract, when justifiable grounds exist.

Article 21 (Verification Matters) Headquarters and franchise stores confirm that the success of store operation, profit generation, sales, etc. have not been guaranteed or guaranteed by each other.

Article 28 (Other Matters) ① Fees shall be 15 per cent, 10 per cent, where selected by the defendant headquarters, 15 per cent, carried-over products (deposited products), and 10 per cent, where selected by the plaintiff.

(2) Fees shall include the value of goods.

(3) The Si Pison shall pay 30% of the down payment to the Si, and shall pay the fees when the balance is paid.

B. On March 19, 2014, the date of the contract, the Plaintiff paid KRW 150,000 to the Defendant Headquarters.

C. The Defendant headquarters calculated the unit price in excess of the unit price based on the certificate of import declaration on each of the following products, and imposed MARK UP fee, which is not based on the instant franchise agreement, and calculated the total import unit price of each of the products, by calculating the payment of customs duties not paid to the Korea Customs Service, differently from the facts.

1) Products: The total import unit price (TPPL) supplied by Defendant Headquarters to the Plaintiff by the Defendant Headquarters (TOTAL : No. 3,864.75.

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