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(영문) 서울중앙지방법원 2016.08.11 2015가단5237031
가맹금반환등청구의소
Text

1. The plaintiff

A. From August 8, 2015 to August 11, 2016, Defendant Plupt Co., Ltd.: 24,600,000 won and its amount.

Reasons

1. Basic facts - On March 17, 2015, the Plaintiff entered into a franchise agreement with Defendant Plue Co., Ltd. (hereinafter “Defendant Company”) that operates a franchise business with the trade name “Plue” and “Pafafafafafafaf (hereinafter “Defendant Company”) and paid KRW 11,80,000 in a franchise deposit to the Defendant Company upon entering into the instant franchise agreement with D stores (hereinafter “instant franchise agreement”) on April 15, 2015, when the Plaintiff entered into the franchise agreement with C points, and again, on April 15, 2015.

- The Plaintiff entered into a contract for the construction of equipment and facilities requiring KRW 53,453,620 (41,853,350 in the part of the equipment) with the Defendant Company and paid KRW 171,592,620, including KRW 11,80,000 in the above franchise deposit until May 14, 2015, to the account requested by the Defendant Company. Of these, the Plaintiff deposited KRW 43,973,200 in the Defendant Company’s account.

- On June 12, 2015, the Plaintiff served a notice demanding the Defendant Company to return the full amount of expenses invested in order to operate the instant franchise store on the grounds of nonperformance of the obligation to provide prior information and provision of false exaggeration information, etc., and filed the instant lawsuit on July 17, 2015.

The Plaintiff notified the termination of the instant franchise agreement during the course of the instant lawsuit, and on November 18, 2015, the receipt brief reached the Defendant around that time. On November 30, 2015, the Plaintiff terminated the instant franchise agreement on November 30, 2015, concluded to operate the instant franchise store.

[Ground of Recognition] Facts without dispute, Gap's 1 (except for the portion which is not believed later), 4 through 7 evidence (including each number), and the purport of the whole pleadings

2. The assertion and determination on the termination of a franchise agreement on the grounds of violation of the duty to provide an information disclosure statement in advance;

A. The Defendant Company, as a franchisor, has an obligation to provide the Plaintiff with the franchise disclosure statement 14 days prior to the conclusion of the franchise agreement.

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