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(영문) 서울중앙지방법원 2014.07.28 2012가단5139433
물품대금
Text

1. As to KRW 48,893,570 among the Plaintiff (Counterclaim Defendant) and KRW 47,934,520 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) on February 1, 2013.

Reasons

1. Basic facts

A. The Plaintiff entered into a franchise agreement (i) imported high-priced ship and grhographs from a foreign country to distribute them in the Republic of Korea. From around 2011, the Plaintiff was engaged in a business of importing and distributing them in the Republic of Korea. From the brand name of “C (D)”, a line trademark, contact lenses, and Abrecene, etc. (hereinafter “brecing goods, etc.”).

On December 23, 2011, the Plaintiff and the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with the effect that the Defendant, using the trade name, trademark, etc. of “D” or “C”, will operate the F store (hereinafter “instant franchise store”) for five years from the date of conclusion of the contract in the Geum-gu, Busan.

3) Of the provisions of the franchise agreement prepared at the time of entering into the instant franchise agreement, the contents relating to the instant issues are as follows. Article 7 [Matters to be observed by the parties to the agreement] (1) A (the plaintiff and the same person

I shall comply with the following requirements for D franchise business:

3. Installation of store equipment and supply of goods or services at reasonable prices and expenses; and

5.Assistance to the continued advice and support for the management and business activities of Eul (Franchisor, hereinafter the same shall apply) (Franchisor, hereinafter the same shall apply) (Payment of franchise fees) ① Franchise fees shall consist of the following:

1. Franchise (40%) : The extinguished cost not returned in return for permission, etc. for the use of the intellectual property rights and franchise store operation rights related to the franchise business of "A";

2. Educational expenses (40%): Non-returnable expenses when education begins in return for materials, materials, places, lectures, etc. used to acquire knowledge, technology, services, etc. necessary for establishing a franchise store;

3. Market survey cost (20%): The cost of extinguishment not paid in return for the survey of the goods before and after the contract, the store survey, the business status survey, etc. using the commercial zone Tool and know-how.

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