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(영문) 서울중앙지방법원 2018.06.14 2017가단5154055
계약이행보증금 등 반환
Text

1. The Defendant’s KRW 10,450,667 as well as the Plaintiff’s annual rate of 6% from September 1, 2017 to June 14, 2018.

Reasons

1. Basic facts

A. On December 19, 2013, the Plaintiff and the Defendant entered into the B franchise agreement, and thereafter, the said franchise agreement was renewed on November 20, 2014 and January 18, 2016, and the following is specified. A franchisor may enter into a franchise agreement (hereinafter referred to as “A”) and a franchisee B (hereinafter referred to as “B”) by closely examining each of the provisions listed in this franchise agreement and concluding a branch franchise agreement (hereinafter referred to as “C”) as follows:

Article 6 (Term of Contract and Renewal)

1. This Agreement shall take effect from the time when both Parties sign and seal their names and seals, and shall take effect for a period of one year from the date of conclusion.

Provided, That the same shall not apply to cases otherwise provided in this Agreement.

Article 7 (Independence of Contracting Parties)

1. A and B are each independent business operator, and Eul is not an agent or employee of A, and Eul has no authority to act for and on behalf of A.

2.B shall operate a franchise store at its responsibility and charge and resolve disputes, etc. with customers at its own responsibility and charge.

4.B performs an independent survey and analysis on the operation of the store and undertakes that there is no clear guarantee from Gap, explicitly or implicitly, about the burden of risk to the operation of the store, the occurrence of profit, the sales, etc.

Article 15 (Franchisor Fees)

1.B shall deposit A with the financial institution designated by A, at the same time as this Agreement enters into this Agreement, a separate franchise of Appendix 1,000,000 (VAT degrees).

Article 17 (Deposit for Performance of Contract)

1. Eul shall deposit to the financial institutions designated by Gap, at the same time as this contract is concluded, the contract deposit amount of 10,000 won per attached Table 1.

2. Where this contract is terminated, the remaining amount of the contract performance bond shall be settled within one month from the date of expiration or termination of the contract, and the balance shall be repaid and settled.

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