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(영문) 수원지방법원 2021.01.20 2019나91985
손해배상 등 청구의 소
Text

1. The defendant C among the judgment of the first instance, including the plaintiff's claim against the defendant C extended by this court.

Reasons

1. Basic facts. Article 4 (Indication of Franchiseess)

1. Location of chain store: G at the Chungcheong time; and

2. Scale of a chain store: 198 square meters (60 square meters);

3. Trade name: E impulse; and

4. The name of the chain store operator: Article 10 (Period of Contract and Renewal) C (1) The term of this contract shall be three years from the date of conclusion of the contract, except as otherwise agreed;

(Period of a franchise agreement: Article 11 (Initial franchise from February 6, 2017 to February 5, 2020) ① (Defendant C) provides Party A (Plaintiff C) with a franchise amount of KRW 20,000,00 (Additional Value-Added Tax Separate) at the time of the first franchise agreement, and (hereinafter omitted) Article 13 (Regular Payment Expenses) ① Regular Payment Expenses in consideration of B’s trade name, trademark, service marks, insignias, etc. and support for the management thereof (value-added tax, management expenses) shall be 22% (Additional Value-Added Tax), and if there is no amount reported on sales of value-added taxes, it may be automatically paid by the franchisor on February 1 of the following year, or may be claimed from the franchisor for a claim for transfer from the franchisor for the next month (Additional Value-Added Tax).

Article 22 (Raising and Management of Goods) (5) Eul shall handle and sell only designated goods and materials supplied by Gap to maintain the identity of brands, and it shall not directly purchase, sell and handle goods that impair identity.

Article 31 (Purchase of Goods) (1) No Party B shall handle and sell goods other than those designated by Party A, and goods necessary to operate a franchise store other than the designated goods shall be purchased by submitting a list to Party A and obtaining approval therefor so as not to interfere with the operation of the franchise store.

Section 46 (Interest on Late Payment) In the event that money is to be paid between the Parties, interest at an annual interest rate of 20% shall be added to the unpaid amount upon the lapse of the payment period from the day following the lapse of the payment period until the day of payment.

Article 47 (Compensation for Damages Caused by Violation of Contract) (5) In cases of violation of Article 22 (2) and (5) or 31 (1), the penalty for breach shall be paid.

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