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(영문) 대구지방법원 2019.09.27 2018가단115471
손해배상(기)
Text

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

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. From March 23, 2016 to Busan City, the Plaintiff is a person who runs manufacturing and wholesale and retail business of goods, and the Defendant is a person who was engaged in repair and rental business in the name of “D” from Jun. 14, 2014 in Daegu Dong-gu.

B. On November 6, 2016, the Plaintiff and the Defendant entered into a franchise agreement with the content as follows (hereinafter “instant agreement”) as follows, which supplies raw and subsidiary materials of the Ortototop mobile cell phone use cellular phone use automatically shocked by using Ortopian’s own seat, and the Defendant paid KRW 5 million to the Plaintiff on the same day.

C franchise agreement B (hereinafter referred to as the “Defendant”) shall pay Party A (hereinafter referred to as the “Plaintiff”) KRW 5 million for technology transfer and franchise expenses.

(F) Article 1: The term of the contract between A and B shall be limited to indefinite term engaged in the same type of business.

(B) Article 5: A shall not engage in the same type of business for the next five years when the store is closed, and shall not inform a third party of the transfer of technology for the product and of the subsidiary material for the product). A shall have 20% profits from all the subsidiary material ordered by B.

Article 6:B:The costs of all the original materials ordered by it shall be paid in full by 100% on the date of the order.

(B) Article 8: In the event of delay in the payment of the price due to personal circumstances, A shall pay the products ordered by B at the fixed date.

Article 11: No products, raw materials, and materials shall be advertised and sold in an unsatisfed amount.

Article 16 of the Act on the Destruction of Contracts where a warning is taken twice or more: He/she shall notify A of C prior to three months in the event that B discontinues his/her business, trades, or changes in the type of business due to personal circumstances.

(In this case, Article 18 of the Product A shall recover at cost the recipient store: B at the time of a breach of this Agreement.

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