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(영문) 서울남부지방법원 2019.02.19 2018가단5687
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 53,463,225 as well as the interest rate from the day following the day when the judgment became final and conclusive to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is a company that aims at food service franchise business, etc., and is a franchisor that runs the "D" franchise business to sell hydrogens, scamers, and burners together, and the Defendant is a franchisee.

B. (1) On June 26, 2015, including the conclusion of a franchise agreement between the Plaintiff and the Defendant, the Plaintiff granted the Defendant a franchise license with which the Plaintiff can operate the “E store” to the Defendant, and the Defendant shall pay the Plaintiff the royalties of KRW 400,000 per month, and the term of the contract is “A evidence A of the principal franchise agreement with the term “from July 1, 2015 to June 30, 2017”; hereinafter referred to as “instant franchise agreement”).

(2) The main contents of the instant franchise agreement are as follows. (2) The renewed franchise agreement shall be prepared where the term of the contract under Article 11(1) is renewed upon expiration of the term of the contract under paragraph (1) of this Article. ① The initial franchise fee that a franchisee is to pay to a franchiser is the initial franchise fee, initial training expenses, and contract performance guarantee. ① A franchisee shall pay 400,000 won per month for the business mark and other intellectual property rights of the franchiser. ② The payment under the preceding paragraph is the payment from the first day of the month in which the money is paid to the franchiser. ② A performance guarantee under the preceding paragraph is the payment from the first day of the month in which the money is paid. ② A franchise store is the performance guarantee (1) a franchise store shall pay to the franchiser the amount stated separately in the contract performance guarantee to guarantee the payment of charges, advertising, promotion expenses, etc. arising in connection with the franchise agreement or the amount of damages for the performance of the contract.

(3) Where a contract expires due to the expiration, termination, etc., the franchiser shall be 30 days from the date of expiration or termination.

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