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(영문) 창원지방법원진주지원 2014.11.26 2014가합10529
용역비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,200,000 with full payment from June 24, 2014.

Reasons

1. Basic facts

A. The plaintiff is an individual business operator who runs franchise business under the trade name of "C", and the defendant is a franchisee who has entered into a franchise agreement with the plaintiff.

B. On December 24, 2012, the Defendant entered into the instant franchise agreement (hereinafter “instant franchise agreement”) with the Plaintiff on the fourth floor of the ground building D in Jinju-si (hereinafter “instant franchise store”) with the following content:

Article 2 (Granting of Franchise Operation Right) (1) A franchisor shall grant franchisees the following rights to the extent necessary to ensure that franchisees operate stores in accordance with the franchiser's business system during the contract period:

1. Right to use the firm name of the franchiser;

2. Right to use registered rights or trade secrets in relation to franchise business.

3. The right to receive management support, such as transmission, guidance, education, and others.

4. Other rights held by a franchiser in connection with its operations under this Agreement, which are subject to permission for use by the Parties (the date of entry into force of this Agreement and the contract period) this Agreement shall enter into force on December 24, 2012 and the period shall enter into force on December 24, 2015, and shall be three years from the date of entry into force of the contract until December 24,

Article 6 (franchise Fees) (1) The details of franchise fees that a franchisee is liable to pay to a franchiser shall be as follows:

Article 12 (Advertisements) (1) of the Enforcement Decree of the first franchise fee details (1,000 won) of the Act on the Use of brands (1,000 won) and the total amount of the drawings and specifications, and the total amount of the first franchise fee (1) of the franchise fee and the franchise store business operation, a franchisor may conduct an advertisement on a national or regional basis

(2) Basic matters concerning the frequency, timing, media, etc. of advertising shall be determined by the franchiser.

Detailed matters necessary for this shall be determined and implemented by the franchisor in a reasonable manner, and shall be notified to the franchisor in writing stating the above details.

(3) National advertisements.

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