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(영문) 부산지방법원동부지원 2015.09.15 2014가단212225
용역비
Text

1. The defendant shall pay 30,800,000 won to the plaintiff and 20% per annum from September 4, 2014 to the day of complete payment.

Reasons

.Article 12 recognizes that with respect to advertising costs, the following facts are established:

Article 12 (Advertisements) (1) A franchiser may conduct advertisements on a nationwide or regional basis in order to revitalize the business of franchise business and franchise stores.

(2) Basic matters concerning the frequency, timing, media, etc. of advertising shall be determined by the franchiser.

Detailed matters necessary for this shall be determined and implemented by the franchisor in a reasonable manner and shall be notified to the franchisee in writing stating the above details.

(3) Expenses incurred in nationwide advertising shall be designated as KRW 2 million per month on the basis of continuous public relations on mobile and SNS every month.

-PP planning and progress - When all kinds of advertisements, posters, leafletss, etc. necessary for publicity are carried out simultaneously with the head office of the design (other than them must be produced in their own) - The deposit method of SNS publicity such as hybrids, Twitter, carpets, clubs, etc.* The deposit method runs by automatic transfer on the 10th day of each month.

(4) A franchiser shall notify each franchisee of the amount to be borne by the franchisee out of the advertising expenses paid each month by the end of each month, along with the detailed statement, and the franchisee shall pay the amount within (7) days after receipt

(5) A franchisee may conduct advertisements at his/her own expense within a business area.

In such a case, franchisees shall obtain prior approval from the franchisor with respect to the plan for advertisement, design, and other details related to advertising. From the perspective of franchisees, franchise business has advantages that franchisees may reduce the cost and expenses incurred in notifying their business to customers by using business marks, such as a trademark or service mark, which have been verified in the market. As such, the Plaintiff’s recognition and designation of brand of “F” in the market through national or regional unit advertising is a franchisor.

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