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(영문) 의정부지방법원 고양지원 2018.12.20 2017가단89298
물품대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 5,288,052 and its KRW 5,068,052, among them, the Defendant (Counterclaim Defendant)’s KRW 5,288,052 on May 31, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the purpose of distributing, processing, selling, and supporting chain business of agricultural products, and the Defendant is a member shop owner who entered into a franchise agreement with the Plaintiff.

B. On June 30, 2015, the Plaintiff and the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with the term of the contract from June 30, 2015 to June 29, 2017. The main contents of the said agreement are as follows, and the Plaintiff’s franchise store became 27.

Article 16 (Return of Franchise Fees) (1) In any of the following cases, a franchisee or a prospective franchisee may request a franchiser to return the franchise fee in writing within two months from the date of conclusion of this contract:

In such cases, the amount of the franchise fee to be returned shall be determined by an agreement between the parties concerned, taking into consideration the details of the execution of the franchise agreement, money, or other consideration paid, the period of the franchise agreement, the execution period, the degree of liability

1. Where a franchiser fails to provide a franchise disclosure statement registered or a franchise disclosure statement is received (where a franchise fee is deposited, the deposit) or a franchise agreement is concluded before 14 days have not passed from the date it provides the franchise disclosure statement;

2. Article 17 of the Franchise Business Act does not exceed one month from the date on which a franchisee's request is made pursuant to Article 10 (2) of the Franchise Business Act, if a franchiser deems that the provision of information to a prospective franchisee is significantly affected the conclusion of a contract by providing false or exaggerated information or by omitting any material fact in providing information to the prospective franchisee. [Continuing franchise fees] Continuous franchise fees shall not exceed one month from the date on which the franchisee's request is made pursuant to Article 10 (2) of the Franchise Business Act. The deadline and conditions for the payment of continuously franchise fees and the method of return, and the cost for the use

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