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(영문) 서울남부지방법원 2018.06.22 2015가합111885
약정금
Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 6% from December 29, 2016 to June 22, 2018.

Reasons

Basic Facts

A. The Plaintiff Company is the franchise business headquarters that runs the franchise business of the English Library in the trade name of “C,” and the Defendant is a franchisee who opened and operated a d store around June 18, 2012.

B. On May 10, 2012, the Plaintiff Company entered into a franchise agreement with the Defendant for the operation of the said D stores (hereinafter “instant franchise agreement”). The main contents of the instant franchise agreement are as follows.

(1) The term of this case's franchise agreement shall be extended to two years from the date of signing and sealing this contract by Gap and Eul, and one year for renewal shall be extended if the first contract becomes effective as of the date of signing and sealing this contract by Eul and Eul: Provided, That in case of renewal, five million won shall be paid before 30 days prior to the expiration date of the contract, Article 19 [Confidentiality] ① The term of this case's franchise agreement shall be maintained in secret as to all kinds of teaching materials and tools provided by Gap and other trade secrets equivalent thereto, such as the manual for operation, franchise agreement, and other trade secrets, and it shall not be made without Gap's prior written approval. ② The term of this contract shall be extended to Gap and Eul, and the term of this case's franchise shall be extended to 20 billion won as of the expiration date of the contract.

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