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(영문) 수원지방법원 2017.02.08 2016가단14009
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,01,420 and interest rate of KRW 15% per annum from March 8, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff entered into a logistics service contract with B, the head office of A franchise store (a corporation that takes exclusive charge of franchise business after the establishment of C and all the contracts entered into by A through B; hereinafter referred to as “non-party company”), and the Defendant is the non-party D and the member shop (E stores) who entered into a private business agreement with the non-party D and the non-party D and the member shop (E stores) prior to the incorporation of the non-party company on November 2013.

B. Paragraph (5) of the aforementioned franchise agreement, and Paragraph (5) of the said franchise agreement, “food materials to be used at the E store shall be supplied only to F, G, and studs contracted between the headquarters A and the headquarters. Where the headquarters is changed later, E shall also be changed to the changed company of the headquarters.”

C. In accordance with the above franchise agreement, the Plaintiff supplied the goods to the Defendant from April 2014 to August 2015, and the amount of KRW 24,01,420 is not paid.

[Ground of recognition] Facts without dispute, Gap 1-6, Eul 1's partial entries, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,011,420 payable to the Plaintiff and damages for delay calculated at the rate of 15% per annum from March 8, 2016 following the delivery day of the original copy of the instant payment order to the day of full payment, as the Plaintiff seeks.

B. As to the determination of the Defendant’s assertion, the Defendant: (a) prepared a franchise agreement to operate the “E store” as a model store for building a franchise business model for D and A, which is an individual business entity who originally operated A; and (b) received food materials from F, G, and studs entered into by A; (c) subsequently, the non-party company was established that takes exclusive charge of franchise business because there are many franchise stores A; and (d) the member stores that the non-party company entered into a franchise agreement are the customers of food materials as the Plaintiff.

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