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(영문) 수원지방법원 2016.10.11 2015나38047
가맹금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a franchise business related to “C”, which is a after-school education program, producing the flight machine model, etc. operated with a small electric mortar, as “D.”

B. On September 9, 2011, the Plaintiff and the Defendant supplied the Defendant with the aforementioned training program-related teaching materials, etc. The Defendant, using the Plaintiff’s business mark, intended to recruit and manage after-school instructors within the jurisdiction of Chungcheongbuk-do E-si, and entered into a franchise agreement with the Defendant to pay the Plaintiff a franchise fee in return (hereinafter “instant franchise agreement”), and the main contents thereof are as follows.

The term "franchise fee" in Article 2 (4) means any consideration that a franchisee pays to a franchiser in accordance with a franchise agreement, regardless of the name or form of payment, and includes the first franchise fee, continuing franchise fee, and contract performance guarantee.

The term "Continuing franchise fee" in paragraph (6) means all payments that a franchise business operator pays to a franchiser on a regular or irregular basis in connection with the use of business marks, support for business activities, etc., education, and other matters in order to maintain a franchise business after the franchise business starts, regardless of the name, such as trademark fees, educational expenses, and management support

Article 17 (Continued Franchise Fee) The details of the continuing franchise fee that the franchisee is obligated to pay to the franchiser on the 15th of the following month after the end of each month because the 10% of the tuition fees for business marks or teaching materials or the fees for the use of teaching materials that cannot be refunded under the due date for the return of the franchise fees shall not be refunded, are as follows:

Paragraph (2) A franchisee shall notify the franchiser in writing of the total sales of the immediately preceding quarter not later than 15 days after the end of the quarter.

Article 22 (Contract and Education of Instructors) (1) Franchise business operators under paragraph (1) shall be subject to uniform lectures.

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