logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.11.27 2014가단19512
보증금반환
Text

1. The defendant shall pay 3,00,000 won to the plaintiff and 20% per annum from April 22, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

가. 원고는 2013. 6. 25. 피고와 사이에 ‘다마짱’이라는 상표로 계란을 원료로 한 식품을 판매하는 내용의 ‘다마짱 가맹 계약서’를 작성하여 프랜차이즈 계약(이하 ‘이 사건 가맹계약’이라 한다)을 체결하였다.

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

Article 6 (Site Selection and Business Base Area) (3) of the General Provisions of Chapter 1 of the franchise agreement of this case does not establish a store and direct store identical to the contents of this agreement within 500m, a distance which may affect the operation of the store within the business hub area of the Plaintiff, and this is effective within the term of the contract.

Provided, That in case of renewal, the business hub area of "Plaintiff" may be re-designated for the convenience of customers, such as the development of the business hub area or changes in conditions.

Article 7 (Term of Contract and Renewal) (1) The term "this contract" shall take effect from the date of conclusion of the contract and shall take effect for three years.

Part II Preparation for Opening (Matters concerning the Initial Franchise Fees and Deposit) (1) The "Plaintiff" shall pay the "Defendant" the extra expenses of the franchise agreement, and the details thereof are as follows:

- The expenses to be paid under a contract include “franchise fee, contract performance bond, and educational expenses” such as “price for a selected store’s actual inspection,” “price for providing information, data, and materials for opening the store,” “price for human resources for opening the store.”

(2) Expenses under the preceding paragraph shall not be refunded after the establishment of a franchise store, except for all expenses for the performance guarantee of a contract.

However, at the time of cancellation of the opening of a bank, it shall be refunded after offsetting with the penalty pursuant to Article 13 of this letter.

(3) In the case of contract performance deposit, when the contract period expires or terminated, "Defendant" shall settle the remainder of the remainder with the contract performance deposit and redeem the balance within 30 days from the date of termination of the contract.

arrow