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(영문) 서울중앙지방법원 2018.11.29 2016가합552470
양수금
Text

1. The Plaintiff:

A. As to Defendant D and E’s joint and several 25,418,328 won, and as to Defendant D, December 31, 2016.

Reasons

(1) Matters concerning franchise fees and deposits (1) “B” shall pay franchise fees to “A” in accordance with the criteria for the franchise disclosure statement at the time of the initial franchise agreement, and the details thereof shall be:

1. Entrance fees;

2. Costs of the inspection on the selected store;

3. Prices for providing information and data for open opening of the first chain store;

4. Cost of human resources for the opening of a franchise store. (2) The franchise fee under the preceding paragraph shall be all expenses for the opening of a franchise store, but shall not be refunded after the opening of the franchise store.

Provided, That the franchise fee under the preceding paragraph shall be refunded after offset against the penalty when the transfer of the franchise store is cancelled.

(3) "B" shall pay educational expenses prior to points in an information disclosure statement in return for the pre-point education and training.

Part 3 Terms and Conditions of Business Activities (payment of the price for the street and supplied goods) 1 monthly royalties shall be 3% of the net sales of "B".

Provided, That after six months from the opening point, it shall be paid only on the basis of at least 80% of the average net sales for the last six months.

*POS sales are net sales of pure monthly sales identifying “A” and “B” under the POS.

(2) The term "B" shall transfer royalties to the account of "A" or the account designated "A" on the last day of the month in which the business operation of the royalties to the use, etc. of the business signs, other knowledge property rights, etc. owned by "A" is commenced.

(3) In principle, "B" shall be supplied after the payment of the price for the goods supplied by "A" or a subcontractor.

Article 22 (Raising and Management of Supply, etc.) ① “A” shall provide “B” with the following supplies to ensure the uniformity of the W brand by designating “A” or “cooperative”:

Provided, That the kind of goods supplied and the "cooperative" may be added or modified in accordance with the management policy of "A".

1. Food materials (including hydrogens and coffees) (see addition to an information disclosure letter) among the items designated by “A” are for quality control and uniformity.

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