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(영문) 서울남부지방법원 2018.03.23 2016가합110148
부당이득반환 등
Text

1. Defendant A’s KRW 67,741,617 as well as 5% per annum from October 29, 2016 to March 23, 2018.

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

1. Basic facts

A. The Plaintiff is a franchisor that is operating a franchise business with a license to operate a franchise store in return for payment to the franchisee, and was established on November 1, 2015 for the purpose of the recruitment and operation of coffee franchise, and the Defendant A and the Clean Service Co., Ltd. (hereinafter “Defendant A, etc.”) granted the Plaintiff the right to operate a franchise by using the trademark, service mark, trade name, signboards, and other business marks of “TAPLAY” from the Plaintiff and operated the stamping and D (hereinafter “each of the instant franchise stores”).

B. On April 7, 2016, Defendant A, etc. entered into a franchise agreement with the Plaintiff to operate stamping C points, and clean services by the Defendant A to operate stamping D points (hereinafter “each of the instant franchise agreements”). The main contents are as follows.

Article 11 (Period of Contract and Renewal) (1) The term of contract of this Agreement shall be written separately [1]. The period shall be three years from the date of entry into force of the contract, and the term of contract at the time of renewal or renewal shall be one year.

except as otherwise provided in this Agreement.

Article 14 (Rotterdam Facilities, Main Facilities, and Equipment of Shops) (1) The interior facilities of the store "franchise business operator" shall complete the design and construction in accordance with the specifications determined by the "franchise" so that the unity and originality of the whole franchise business can be maintained.

(2) The "franchise business operator" shall acquire all kinds of authorization or permission for store facilities at his/her responsibilities and expenses by no later than seven days prior to the scheduled date of opening.

(3) Where the construction of the interior and equipment of a store before the opening point has not been completed in accordance with the specifications prescribed by the "franchise", the "franchise" may request the "franchise business entity" to reconstruct, and at this time, the expenses incurred in the reconstruction shall be borne by the "franchise business entity".

(4)

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