(영문) 대전지방법원 2018.09.06 2018가단205961

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(영문) 대전지방법원 2018.09.06 2018가단205961

보증금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company running franchise business, etc. as to the technical points for the bean Republic of Korea, where the trademark “C” is a trademark.

B. On December 29, 2008, the Plaintiff entered into a contract for the establishment of an Gyeonggi Incheon Branch related to the Defendant and “C” with the Defendant, and the said contract contains the following descriptions:

(hereinafter “instant primary contract”). Around that time, the Plaintiff paid KRW 100 million to the Defendant pursuant to Article 6 of the instant primary contract.

(hereinafter referred to as the “instant money”) Article 3 (Opening Area, etc.) (1) “B” (hereinafter referred to as the “Plaintiff”) refers to the area designated by “A” (hereinafter referred to as the “Defendant”) as the contract area, the name of the Defendant Company Gyeonggi-do Branch, and engages in chain recruitment and related businesses centered on the contract area.

Article 4 (Term of Contract) Contracts for the Establishment of Branch Offices A and B shall not separately designate the expiration date.

However, the minimum number of member stores during the designated period under the agreement between "A" and "B" may be determined, and the expiration of the contract may be determined when it falls short thereof.

(1) The contract shall be deemed to be terminated if the conditions of the minimum number of member stores, from December 29, 2008 to December 28, 2013, are not completed.

Article 6 (Rights and Duties of “B”) (1) Where a contract is concluded between “A” and a chain store, “A” shall have the right to receive remuneration therefor.

Provided, That expenses incurred in the performance of chain business shall be borne by "B".

(3) The term "B" may use the trade name, etc. of "A" as part of its own business marks to the extent necessary for the operation of a franchise business.

(5) “B” shall, simultaneously with a contract, pay to “A” the total amount of KRW 50 million, which is KRW 100 million, and the remainder of KRW 50 million shall be paid on December 28, 2013.

Provided, That “B” shall pay any balance during the remainder of the agreement.

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