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(영문) 수원지방법원 2016.08.19 2015나14348
물품대금 등
Text

1.The judgment of the first instance, including an exchange change and an expanded claim in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in franchise business of the English Private Teaching Institutes in the name of C.

B. On December 24, 2008, the Plaintiff entered into a franchise agreement (hereinafter “the first franchise agreement”) with the Defendant, including the trade name of the Defendant and D, the know-how in the management of the private teaching institute, the driving school director, and the instructor education and other services. (c) On January 4, 2012, the Plaintiff entered into a sub-franchise agreement with the Defendant (hereinafter “the second franchise agreement”). Article 2 (Requirements for Establishing Re-Agreement) of the franchise agreement.

1. The second contract period: From January 4, 2012 to January 3, 2013 (one year);

2. Eul (referring to the defendant) shall pay in full the franchise fee of 2.5 million won to Gap (referring to the plaintiff) simultaneously with the contract, and the contract shall become effective at the time of full payment of the franchise.

Article 4 (Obligations of B)

3.B shall not copy, misappropriate, or leak any educational data and information received from A during the term of the contract or even after the termination of the contract, and the leased principal shall be returned.

Article 8 (Contract Terms and Recontracts)

1.The contract term of this re-contract shall be one year from the date when the contract is concluded;

2. If B wishes to renew the contract, the contract shall be renewed not later than one month prior to the expiration of the contract period, and if the contract is not renewed by the expiration date, the contract shall be automatically terminated.

3. In the event of a re-contract after the termination of the contract, the contract shall be re-written on an annual basis, and the royalties shall be paid monthly without re-franchising expenses.

The royalty amount may be adjusted at each time of re-contract.

Article 9 (Payment of Price)

1. After the expiration of the second contract, Eul shall transfer monthly royalties (excluding value-added tax) to the account of Gap as of the end of each month in return for continuing the franchise store operation rights, such as the business marks owned by Gap and the use of other intellectual property rights;

Article 10 (Termination of Contracts)

1. Article 11 (Recovery and Settlement). If the contract has been terminated, or Eul or Gap does not want to renew the contract.

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