(영문) 서울중앙지방법원 2018.01.31 2017나30353

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(영문) 서울중앙지방법원 2018.01.31 2017나30353

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff is a stock company aimed at franchise business, etc., and the defendant is a franchisee of franchise business operated by the plaintiff.

B. On September 7, 2011, the Plaintiff entered into each of the instant franchise agreements (hereinafter “each of the instant franchise agreements”) with the Defendant on the store C, which is a franchise business operated by the Plaintiff, and on May 7, 2012, on the same franchise business.

The main provisions of each of the instant franchise agreements are identical, and the main contents are as follows.

Article 1(Purpose) The purpose of this Agreement is to prescribe all matters necessary to run franchise business based on the E franchise system (hereinafter referred to as the “Franchis system”) in which “B” (the defendant refers to the defendant; hereinafter the same shall apply) (the plaintiff refers to the plaintiff; hereinafter the same shall apply) participates as a franchise store in “A” (hereinafter referred to as “Franchising business”) and prescribe all matters necessary for running franchise business based on the EFs system (hereinafter referred to as “Mranchis system”), and to perform

(4) The term "B" shall include the price for the supplied goods from "A" or a collaborative company, and shall confirm whether there is anything above the time and immediately settle the price for the supplied goods.

In such cases, where the payment of the supplied goods is delayed, "A" may suspend the supply of the supplied goods.

Article 22 (Raising and Management of Supplied) (1) The term “A” shall supply the following supplies to “B” to maintain the unity of E brand by hindering himself or herself or herself:

Provided, That the kind of goods supplied and the "cooperative" may be added or modified in accordance with the management policy of "A".

1. Items requested by "A";

2. Consumable goods and fixtures on which the business marks “A” are printed;

3. Products recommended by the "A";

4.Other supplied goods for which “B” has requested “A” to purchase. “B” may be ordered in accordance with the method designated by “A” for the supplied goods referred to in the preceding paragraph.

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