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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
On February 5, 2013, the Plaintiff entered into a franchise agreement (hereinafter “instant agreement”) with the Defendant, who was engaged in franchise business with the brand called “F”, in operation of the E “F” in Da, in order to operate the coffee store along with D D D D in Y.
The contents of the agreement related to the instant case among the instant contract are as follows.
Article 1 (Approval for Subscription)
1.The Headquarters shall approve chain stores to sell products developed and manufactured by it and shall also actively cooperate in sales activities of chain stores;
1. The name of a store: The location of the representative of G2: Plaintiff 3: The size of the store: the size of the H4 in Seosan-si: the size of the land, the size of (i) square meters
2.The Headquarters shall approve the use by chain stores of its possession and of other trademarks and trade names designated by its headquarters;
Article 2. Reference Contract Period
1. The term of this contract shall be from February 5, 2013 to February 5, 2015.
Article 3 【franchise Fee】
1. A franchise store shall pay franchise fees of KRW 6,000,000 when the headquarters enters into the first contract in consideration of various business marks and KRW-HW related to the business of the franchise store, and such franchise fee shall not be refunded.
Provided, That this shall not apply to the time of termination of a contract due to a cause attributable to the headquarters and the time of termination of a contract.
Article 6. Supply, etc. of Spice Products
1. A franchise store shall handle products supplied or designated by the headquarters for the unification of the image of the franchise business;
2. The Headquarters shall supply the franchise in good faith in vehicles or by other means in accordance with a schedule of delivery set by the Headquarters upon the application for the delivery of the franchise store;
【Termination of Contract】
1. A headquarters may terminate a contract with a chain store in any of the following cases:
1) In the event that payments for claims under this Agreement are in arrears not less than twice consecutively, Article 4 (Prohibition of Transfer of Rights) and Article 4 (Prohibition of Transfer of Rights) of this Agreement.