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(영문) 부산지방법원 2016.05.25 2015가단33447
손해배상 및 지급청구
Text

1. The plaintiff (Counterclaim defendant) shall make a sub-lease deposit at the time of termination of the sub-lease contract listed in the annexed sheet.

Reasons

1. Basic facts

A. On December 2013, the Plaintiff entered into a franchise agreement with Defendant B with the trade name, “D franchise headquarters” and the following terms and conditions of the franchise agreement with Defendant B.

(hereinafter referred to as the “instant franchise agreement”). The name of the E store and representative of Article 7: The name of the E store: The location of the F store: The date of entry into force of the contract under Article 10 of the H building located in Mapo-gu Seoul Metropolitan Government and the contract period shall enter into force on January 1, 2014, and the period shall be (2) years from the date of entry into force of the contract until December 13, 2016.

Article 12 Facilities and equipment of the store's store operator shall be designed and constructed in accordance with the specifications determined by the franchiser to maintain the unity and originality of the whole franchise business.

All the installation of a facility shall be directly executed by a franchiser in accordance with the cultivation.

The repair of an omitted facility and a new ice period may be requested to a franchise business operator three years or more.

Article 13. The first franchise fee of KRW 5.5 million for the franchise fee, KRW 2.2 million for the educational expenses, and KRW 2.2 million for the franchise deposit of KRW 14. The franchise business operator shall pay KRW 2 million as the contract performance bond to the franchisor in order to secure the payment of the amount of debt related to the continuous payment of franchise fees, goods, etc., such as business mark usage fees, advertisements, and promotion expenses, or the amount of damages.

(3) Where a contract is terminated due to the expiration, termination, etc., the franchiser shall refund the balance of the remainder of the debt with the contract deposit and the amount of compensation for damage to the franchise business operator and deliver the settlement statement within three days from the date of expiration or termination. The franchisor shall: A representative A (Plaintiff) franchisee and store owner of the D franchiser: B (Defendant).

B. On January 2, 2014, Defendant B paid KRW 2 million to the Plaintiff with a franchise deposit pursuant to Articles 13 and 14 of the instant franchise agreement, and Defendant B paid a total of four times from the same day to January 24, 2014.

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