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(영문) 수원지방법원 안양지원 2018.01.12 2015가합101806
경업금지 등 청구의 소
Text

1. The Defendant: 19,181,686 won to Plaintiff Company B and 6% per annum from December 9, 2015 to January 12, 2018.

Reasons

1. Basic facts

A. The Plaintiff Company B (hereinafter referred to as the “Plaintiff Company”) is a company running franchise business related to the known-only store called “B,” and the Plaintiff is the representative of the Plaintiff Company, and the Defendant is granted the right to operate a franchise store with respect to “D store” from the Plaintiff Company and the Plaintiff Company on January 13, 2010, and the Plaintiff Company is a franchise owner who has concluded a franchise agreement with the terms that shall pay the Plaintiff Company the franchise fee and the management fee equivalent to 1% of the franchise fee and sales (hereinafter referred to as “the instant franchise agreement”).

Article 6 (Contract Period and Renewal) (1) This Agreement shall become effective from the time when both parties sign and seal their names and seals, and shall become effective for two years from the date of conclusion.

except as otherwise provided in this Agreement.

(2) If the Defendant requests the renewal of the franchise agreement between 180 and 90 days before the expiration of the franchise agreement, the Plaintiff Company may not refuse it without justifiable grounds.

(Attachment) (Attachment omitted) If the Plaintiff Company fails to notify its rejection or to give written notice to the Defendant that it would not renew the franchise agreement between 180 and 90 days before the expiration of the franchise agreement, a new franchise agreement shall be deemed to have been concluded under the same conditions as the franchise agreement before the expiration of the agreement.

However, this shall not apply where the defendant raises an objection within 60 days prior to the termination date of the contract, or there is a ground for termination of the contract to the plaintiff company or the defendant.

Article 14-2 [Management Fee] The defendant shall pay to the plaintiff company an amount equivalent to 1% of the defendant's sales at the end of each month.

Provided, That if the amount equivalent to 1% of the defendant's sales is less than 300,000 won, the minimum amount shall be 300,000 won.

Article 18 (Obligation to Prohibit Competitive Business) The defendant shall maintain the duration of this Agreement.

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