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(영문) 수원지방법원평택지원 2016.08.18 2016가합389
상호변경절차이행 청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Article 4 of the basic facts (franchise fees, royalties, and deposit money);

1. A franchise store (referring to the defendant) shall pay the franchise fee of KRW 10,000,000 (value-added tax separate) to the head office at the time of the conclusion of this Agreement in the cost of the use of the trade name, trademark, and business know-how provided by the head office (referring to the plaintiff). No franchise fee shall be refunded in any case.

Article 7 (Supply and Price of Goods and Products)

1. A chain store shall handle only the goods and products supplied or designated by the head office, and shall not purchase, sell or handle other goods not permitted by the head office;

Article 8 (Payment of Price) A franchise store shall pay the price for goods, etc. supplied by the head office in cash immediately after acquiring the goods, and where the price for the goods is delayed, the head office may suspend the supply of the goods.

Article 9 (Termination of Contracts)

1. In any of the following cases, the head office may terminate this contract without delay: (a) Where a chain store violates the provisions of paragraph 1 of Article 7 of this contract or of Article 8, (d) where the terms and conditions of this contract are violated:

3. Upon the termination or termination of this Agreement, the chain store shall immediately cease to use the store's business, the registered trademark and trade name, and shall remove all facilities at its own expense.

On December 1, 2015, the Plaintiff entered into a franchise agreement with the Defendant with respect to D located in Ansan-si C (hereinafter “instant franchise agreement”) on December 1, 2015. The main contents of the agreement are as follows.

B. On November 26, 2015, the Defendant registered D’s business with the trade name indicated in the separate sheet to the head of Pyeongtaek-si Tax Office, and operated D’s business from December 2015.

C. On March 11, 2016, the Plaintiff did not pay the Defendant a franchise fee of KRW 10,000,000 as stipulated in Article 4 of the instant franchise store agreement to the Defendant; the Plaintiff purchased and operated non-permitted goods; and the Plaintiff supplied the goods.

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