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(영문) 인천지방법원 2015.10.20 2014나10410
손해배상등
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On January 2, 2013, the Plaintiff and the Defendant entered into a franchise agreement (hereinafter referred to as the “instant contract”) with respect to the establishment of the sodia C points (hereinafter referred to as the “sodia D points”) and the Defendant’s management using the Plaintiff’s business mark at the 1st floor store located in Gyeyang-gu Incheon, Incheon, using the sodia’s franchise system, which is the Plaintiff’s business mark. The main contents are as follows.

The plaintiff and the plaintiff of the franchiser that operates the franchise business under the name of the business name of the Sodia franchise agreement and the defendant of the Sodia, the franchisee who intends to run the Sodia franchise store by using the franchise system of Sodia, shall closely examine each of the provisions listed in the main franchise agreement and enter into the franchise agreement as follows:

Article 3 (Indication of Franchise Points) (1) The franchise store established by the "Defendant" under this Agreement shall be as follows:

Article 7 (Independence of Parties to Contracts and Effectiveness of Contracts) (2) The defendant shall operate the franchise store at the responsibility and the expense of the defendant, and settle all disputes, etc. arising in the course of operating the franchise store at the expense of the defendant.

⑤ Since the amount of sales and revenues of the franchise store may vary depending on the management or business ability of the Defendant, the Defendant bears the responsibility for all the management thereof, and the Plaintiff’s failure to guarantee the sales and revenues of the franchise store, knowing that the Plaintiff did not guarantee the sales and revenues of the franchise store.

6. This contract is a final contract stipulating all the matters discussed between the Plaintiff and the Defendant.

Therefore, the Parties shall make oral or written statements exchanged in the course of this Agreement until the conclusion of this Agreement.

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