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(영문) 부산지방법원 2016.04.26 2015가단237409
부당이득금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: KRW 60,000,000 and the same shall be from November 11, 2015 to April 26, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) operates a franchise business under the name of “D”, and Defendant C operates a business consulting company called “E”.

B. On July 23, 2015, the Plaintiff and the Defendant Company entered into a franchise agreement with respect to F Points (hereinafter “instant franchise agreement”) and the details thereof are as follows.

(1) Upon entering into a franchise agreement with the Defendant Company, the Plaintiff shall pay the Defendant Company a total of KRW 7 million for the royalty of KRW 7 million for the right to use business marks, KRW 3 million for education and training expenses, and KRW 10 million for the aggregate of KRW 10 million.

(2) The plaintiff may rescind this contract before the commencement of the franchise store business.

However, the amount equivalent to 10% of the franchise fee and the actual expenses paid by the defendant company for the performance of the contract until then shall be paid.

(Article 38(1)(3) The competent court of a lawsuit resulting from a dispute arising in connection with this contract shall be the general forum court under the Civil Procedure Act, and the competent court of the first instance may be the Seoul Central District Court by mutual agreement between the plaintiff and the defendant company.

(Article 42(1)(c).

On the other hand, on July 24, 2015, the Plaintiff and Defendant C entered into a business start-up consulting service contract with Defendant C to examine, confirm, explain, and select the cost of start-up, price reduction, contract preparation, contract execution management, progress management of the franchise agreement, and follow-up management to the extent possible on the same day with respect to the above franchise agreement for the Plaintiff, and the Plaintiff paid the down payment of KRW 1 million on the same day and the intermediate payment of KRW 2.5 million on August 12, 2015 to G designated by Defendant C.

On July 27, 2015, the Defendant Company demanded to change the franchise fee (including educational expenses) in the middle of August, 2015, and the Plaintiff paid KRW 10 million to the Defendant Company on the following day.

E. On August 11, 2015, Defendant Company is able to directly operate the headquarters located in the Plaintiff, and is in the form of a franchise store.

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