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1. Defendant Incorporated Co., Ltd.: (a) KRW 66,300,000 for the Plaintiff and its related thereto, from May 27, 2015 to July 7, 2016.
Reasons
1. Facts of recognition;
A. Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”) is a company operating franchise business concerning the baking business and the fruiting business using the trade name “B”.
Defendant C is a person in charge of franchise business affairs of Defendant C with the position of the head of the business headquarters in Defendant C.
나. 이 사건 가맹점 계약의 체결 1) 원고는 2014. 10. 12.경 피고 C의 소개로 피고 회사와 다음과 같은 내용으로 “B 단팥빵집” 가맹점 계약(이하 ‘이 사건 가맹계약’이라 한다
Article 3 (Amount of Franchise Fees)
1. “B” shall pay “A” at the same time with the franchise amount of KRW 5,00,000 (5,000), subject to the use of all trade names, trademarks, and designs of “A (the Defendant Company refers to the Defendant Company)”.
2. The franchise fee is extinguished.
3. Value-added tax shall be separately imposed;
Article 5 (Fees for Establishing Shops)
1.The cost of establishing a store shall be borne by “B”.
2. The value-added tax on facility costs shall be imposed separately;
3. The facility cost among the expenses for establishing a store shall be KRW 57 million;
(Provided, That in the event of extension of electricity, the expenses for admission to the facility, external facility, small tool, cooling and heating facility, fishing operation, and electricity shall be separately borne by the person in charge of the store contract.
Article 9 (Term of Franchise Agreement)
1. The term of a franchise agreement shall be three years from the remainder of the lease agreement;
2. The renewal period shall be one year unit;
(no additional franchise shall be paid at the time of a re-contract). A contract with a lessor of a franchise store under section 10 (Lease Contract) shall be entered into by the "B".
Article 13 (Education)
1. 본사인 “갑”은 “을”이 단팥빵에 대한 기술이전을 원활하게 받을 수 있도록 1개월을 무상으로 포스시스템 사용법을 포함하여 교육을 제공한다.
2. “B” must be obliged to undergo the education of “A” as its head office.
Article 14 (Provisions concerning Period, Number of Personnel, and Remuneration for Technology Transfer)
1. “A” shall be transferred to “B”.