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(영문) 인천지방법원 2015.10.02 2013가단92568
정산금반환등
Text

1. Defendant C Co., Ltd.: (a) each of the Plaintiffs’ KRW 8,395,966 and its related amount from March 8, 2013 to October 2, 2015.

Reasons

1. Facts recognized;

A. On December 27, 2009, E entered into a franchise agreement (hereinafter referred to as the “instant franchise agreement”) with Defendant C Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) and “F convenience stores (G stores; hereinafter referred to as the “instant stores”) and operated the instant stores, including the following contents:

(B) Under the following, “A” shall be effective as of the date on which both Parties sign and seal this Agreement and the franchise agreement period shall be three years from the date of the signing date of this Agreement, and shall be three years from the date of the signing date of this Agreement.

Article 26 Termination of Contracts

1.This Agreement shall terminate without separate notice if:

5) If Eul dies, provided that if there is a person meeting the conditions of franchise among the lineal ascendants and descendants or inheritors of Eul, they may succeed to the status of Eul's member shop with the approval of Gap. Article 27 Section 3) Where a franchisee is terminated including before the opening point due to the circumstances of Eul after the conclusion of this contract, the franchise agreement amounting to 4.2 million won (excluding value-added tax, franchise deposit, advertising expense) which is the deposit money of this contract shall be extinguished and shall not be claimed to return Eul to Eul.

Provided, That where Eul transfers the F brand and Posing operation system to a third party, a new franchise agreement with a third party shall be established, and at this time, Gap pays 3 million won of the franchise deposit (excluding value-added tax) to Eul, and advertising expenses shall be subject to early termination.

It shall be treated as a case, and a third party shall pay 1.2 million won to A.

Article 28: Party A’s termination of the contract shall be corrected in any of the following cases:

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