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(영문) 대전지방법원 천안지원 2018.10.17 2017가단109133
보증금반환
Text

1. As to KRW 54,203,884 and KRW 46,068,494 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 7, 2017 to October 17, 2018.

Reasons

1. Basic facts

A. The Defendant is a corporation established on July 1, 2016 for the purpose of food franchise business, such as hamber and flin.

In order to achieve its business objectives, the defendant recruited franchise stores selling hamba and kids, etc. using the defendant's trade name, supplied the franchise stores with goods, such as food and materials, provide saves education, marketing education, etc., and publicize brand, etc. The whole country is divided into a branch office by certain area, and have the branch operators perform the same duties.

B. On September 22, 2016, the Plaintiff entered into a branch contract and paid premiums (1) with the Defendant on September 22, 2016, the main contents of which are: (a) the Plaintiff’s efforts to attract a franchise store with Chungcheongnam-do and Daejeon area as its business jurisdiction; (b) the Plaintiff, among the franchise stores entering into a franchise agreement with the Defendant, shall conduct the business of managing the franchise store by carrying out distribution delivery to the franchise stores within the above business jurisdiction; and (c) settling accounts and paying the fees to the Defendant; and (d) when a new franchise store is established from the Defendant, the Plaintiff shall pay the amount equivalent to 50% of the franchise fee and the amount equivalent to 8% or 10% of the sales of the

The main contents of the instant contract are as follows. Defendant A (hereinafter referred to as “A”) and local headquarters (hereinafter referred to as “B”) will enter into a branch contract as follows on the basis of mutual trust and good faith principle, and will make every effort to ensure the successful performance of franchise business. Article 1 of the Business Jurisdiction-Article 2 of the Daejeon Cheongnam-do/ Daejeon Termination of the Contract, which is specified in the business jurisdiction of Party A, recommends and sells non-approved products in stores, the head of the regional headquarters shall provide confidentiality (at the time of exposure of franchisor’s manuals, records, business, accounting data, etc.).

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