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(영문) 서울중앙지방법원 2021.01.19 2018가단5158252
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 12,073,167 and the interest rate of KRW 20% per annum from August 21, 2018 to the day of full payment.

Reasons

(a) cooperate with the assignee as much as possible with explanation of the company’s system, rule, obligation to make full payments, etc.;

(5) Where a transfer contract is concluded without prior approval of A, the transfer contract shall not be legally effective, and A may terminate this contract.

A 10% of the "monthly average sales" in 12 months immediately preceding the date of Article 15 (Matters concerning Penalty and Penalty) x A: 2 months when the remaining contract period is less than one year, 4 months when the remaining contract period is less than one year or less than one year but less than two years, and 6 months when the business date is more than two years or less than two years and less than 2 years and less than 12 months, the average sales amount of the month from the first open date to the date of termination shall be calculated as the monthly average sales.

Provided, That where Eul transfers a franchise store to a third party pursuant to the provisions of Article 14, or where Gap transfers the franchise business to a third party as it is, the penalty shall be exempted.

* The normal monthly operating date shall be included in the standard for at least 15 days, excluding the month in which it is operated for less than 15 days.

(4) If Eul fails to comply with the duty not to engage in the competition in violation of Article 6(9), Eul shall pay the penalty (the amount corresponding to the royalties and physical distribution margin based on the initial franchise and the number of days of violation) to Eul.

(c) In the case of this Article, Eul shall pay Eul shall pay Eul shall delay the payment request date, or shall pay Eul shall pay Eul shall pay the unpaid amount after the lapse of the payment period for the price stated in the information disclosure statement and franchise contract plus the interest at an annual rate of 20% for the period from the day after the lapse of the payment period to the day after the lapse of the payment period.

Article 19 (Special Agreements)

1. The franchise store is a person with a special relationship with the head office at a discount of 50% of the franchise and at a discount of 50% (in addition, the value-added tax is set aside) and 10 million won per day of educational expenses (excluding the value-added tax), and 5 million won per day (excluding the value-added tax).

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