(영문) 대전지방법원 2021.03.18 2020가단12667

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2021.03.18 2020가단12667

가맹비반환 등

Text

1. The defendant's KRW 30,700,000 for the plaintiff and about this, 5% per annum from August 19, 2020 to March 18, 2021.

Reasons

1. Facts of recognition;

A. On September 19, 2019, the Plaintiff entered into a contract for a branch office (hereinafter “instant branch contract”) with the Defendant running a franchise with the brand called “C” (hereinafter “instant brand”) under which the term of the contract was KRW 33,00,000 (including value added tax) from September 19, 2019 to September 18, 2021, under which the Plaintiff entered into a contract for the branch office (hereinafter “instant branch office contract”).

B. Of the contract of the instant branch, the parts related to the instant case are as follows (Non-related parts are omitted). Article 10 [Duties of the franchisor (hereinafter “Defendant”)] (1) The Defendant must pay without delay to the branch office (hereinafter “Plaintiff”) when the pertinent chain store establishment profit accrues.

(2) The defendant shall pay royalties to the plaintiff within seven days when receiving royalties from franchise stores in the relevant region from the plaintiff.

Article 12 (Income of Plaintiff) With respect to the structure of Plaintiff’s profit, the Defendant shall classify it into the following subparagraphs, and the Defendant shall execute it in accordance with the classification of the parts:

(1) A franchise that the defendant pays to the plaintiff shall pay to the plaintiff immediately after receipt of the payment.

Educational expenses shall be paid to the plaintiff immediately after the franchise store opens in return for the plaintiff's open education.

(2) A logistics profit chain store shall pay 10% of the amount of logistics ordered by the logistics profit chain store to the plaintiff.

It shall be paid by settling accounts for the amount of logistics in the month of the current year on the 5th of the following month.

(3) Where a royalty is paid from a franchise store in the area of the plaintiff's royalty profits, it shall be paid to the plaintiff (limited to a store contracted with a franchise store, and the contents of the royalty paid may not be changed or changed.

(c)

The Plaintiff paid 33,00,000 won to the Defendant as set forth in the instant branch contract.

유사 판례

-서울중앙지방법원 2018.11.29 2016가합552470

-서울중앙지방법원 2020.01.07 2019가단5067575

-서울중앙지방법원 2016.12.16 2016가단5027248

-수원지방법원 2015. 12. 22. 선고 2015구합60601 판결