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(영문) 서울서부지방법원 2017.05.18 2016가단212077
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is an entrepreneur who runs franchise business such as coffee, etc. (hereinafter “instant franchise business”) with the trade name “C” and is a “franchise” as prescribed by Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”).

B. On December 23, 2015, the Plaintiff operated the “E store” (hereinafter “instant coffee store”) in Geumcheon-gu Seoul Metropolitan Government D 101 (hereinafter “instant store”), and in principle, entered into a franchise agreement between December 23, 2015 and December 22, 2018 (hereinafter “instant franchise agreement”) with the Defendant to obtain a franchise license from the Defendant, and became a “franchise” under Article 2 subparag. 3 of the Franchise Business Act.

C. The Plaintiff and the Defendant provided the interior works and various equipment equipment of the coffee specialty of the instant case from the Defendant or the company designated by the Defendant, and the costs incurred therefrom were borne by the Plaintiff.

(Article 9 and Article 10 of the instant franchise agreement. Accordingly, until January 15, 2016, the Plaintiff paid the Defendant totaling KRW 59,400,000,000, including the interior construction cost of KRW 25,30,000, signboard and private person, KRW 3,300,000, equipment equipment and facilities (e.g., instruments and equipment s pressurgs, water purifiers, water purifiers, hot water meter, ice rinks, air conditioners, ice rinks, Pos, etc.) and KRW 27,50,000,000, i.e., raw materials (raws, drinkss, beverages, liners, liners, cups, cups, and cups) cost of KRW 3,300,00.

On January 19, 2016, the Plaintiff opened the instant coffee specialty.

On February 26, 2016, the Plaintiff notified the termination of the instant franchise agreement by content-certified mail (hereinafter “instant termination notification”). On March 17, 2016, the Defendant suspended the supply of goods necessary for the operation of the instant coffee store to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, Eul evidence 7, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. Summary of the Plaintiff’s assertion (1)

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