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1. Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded in the trial, shall be amended as follows.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s execution of the instant franchise agreement (i) is a person who operates a franchise business related to “C”, which is a after-school education program for manufacturing the flight machine model, etc. operated as a small electric buser. (ii) On December 3, 2011, the Plaintiff supplied the Defendant and the Plaintiff with the above educational program-related teaching materials, etc., and the Defendant provided them with the aforementioned training program-related teaching materials, etc., using the Plaintiff’s business mark to recruit and manage after-school instructors within the district under the jurisdiction of the Ansan-gu Office of Ansan-gu, the Defendant entered into a franchise agreement with the Defendant to pay a franchise fee to
(hereinafter referred to as the “instant franchise agreement”). The term “franchise fee” in Article 2(4) of the Act refers to consideration that a franchisee pays to a franchiser in accordance with a franchise agreement, regardless of its name or form of payment, and includes the initial franchise fee, continuing franchise fee, and contract deposit.
The term "Continuing franchise fee" in paragraph (6) means all payments that a franchise business operator pays to a franchiser on a regular or irregular basis in connection with the use of business marks, support for business activities, etc., education, and other matters in order to maintain a franchise business after the franchise business starts, regardless of the name, such as trademark fees, educational expenses, and management support
Article 17 (Continued Franchise Fee) The details of the continuing franchise fee that the franchisee is obligated to pay to the franchiser on the 15th of the following month after the end of each month because the 10% of the tuition fees for business marks or teaching materials or the fees for the use of teaching materials that cannot be refunded under the due date for the return of the franchise fees shall not be refunded, are as follows:
Paragraph (2) A franchisee shall notify the franchiser in writing of the total sales of the immediately preceding quarter not later than 15 days after the end of the quarter.
Article 22 (Agreement and Education of Instructors)