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(영문) 서울중앙지방법원 2017.01.19 2015가단186039
가맹권리금 및 물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 19,816,098 and 6% per annum from December 2, 2015 to January 19, 2017.

Reasons

1. Basic facts

A. On September 30, 2012, the Plaintiff concluded the instant franchise agreement with the Defendants (hereinafter “instant franchise agreement”) in order to operate automobile glass and film business with the trade name “E” in Gangnam-gu Seoul, Seoul.

B. The main contents of the instant franchise agreement are as follows.

- Article 2 (Entry Points) No separate franchise store shall be set up in the same business district (the overlapping franchise store within 1 km in radius) in order to protect the business district where three areas based on separate data are first set up.

· Article 10 (Franchisium) (1) franchise premium shall be 30 million won (Won 30,000,000), and shall be paid at the time of conclusion of the contract.

Doratty shall be 300,000 won per month, monthly.

Applicant The franchise shall deposit daily0 million won (Won 10,000,000) with the headquarters as a security deposit for raw materials and processed products, and the headquarters shall, upon termination of the contract, refund the full amount of the deposit after settlement to the franchise store.

⑺ 가맹권리금 및 보증금, 교육비 합계금 사천팔백만원(₩48,000,000)은 2012. 10. 30.~2016. 9. 30.까지 매월 일백만원(₩1,000,000)씩 본부 E A에게 지급한다.

· The franchise premium already paid under Article 11 (Handling of Franchise Premiums) shall not be refunded in any case at the time of termination of the contract prior to the establishment of a store due to reasons attributable to the franchise or after the first technical guidance date of the headquarters.

· Article 25 (Term of Contract) (i) The term of validity of this Agreement shall be five years from the date of its formation.

C. The Defendants’ departure points under the instant franchise agreement are Fdong, Gdong, and H Dong.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 3 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion in the instant franchise agreement is a request made by the Defendants around May 16, 2014, while the amount of KRW 29.8 million and the amount of goods remains at KRW 2,423,809 among the franchise premium for which the Defendants agreed to pay at the time of entering into the instant franchise agreement.

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