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(영문) 서울중앙지방법원 2015.01.29 2013나29331
위약금
Text

1. Each part of the judgments of the first instance court against the Defendants shall be revoked, and the Plaintiff corresponding to that part shall be the Defendants.

Reasons

1. Basic facts

A. The plaintiff is a company that aims at book publishing business and operates English education franchise business from around 2008 to Samsung English.

B. Defendant A entered into a franchise agreement with the Plaintiff on June 30, 2009, and operated Samsung E-fishing Class from that time. Defendant B entered into a franchise agreement with the Plaintiff on June 30, 2009, and operated Samsung F-fishing Class since that time. Defendant C entered into a franchise agreement with the Plaintiff on June 16, 2009, and operated Samsung G Class since that time. Defendant C entered into a franchise agreement with the Plaintiff on June 16, 2009, and operated Samsung H Class since that time. Defendant D entered into a franchise agreement with the Plaintiff on December 9, 2009.

C. The main contents of each franchise agreement entered into between the Plaintiff and the Defendants are as follows.

Article 7 (Period of Contract and Renewal) (1) This contract shall become effective from the time when Gap (Plaintiffs, hereinafter the same shall apply) and Eul (Defendants, hereinafter the same shall apply) affix their signatures and seals, and the period of the franchise agreement shall be one year.

(6) If a Party A fails to give notice of refusal under paragraph (5) or to give written notice of the amendment to the terms and conditions or to the effect that it would not renew the franchise agreement between 180 days and 90 days before the expiration of the franchise agreement, the franchise agreement shall be deemed to have been renewed under the same conditions as the franchise agreement before the expiration of

Provided, That this shall not apply where an objection is raised 60 days prior to the expiration date of this contract, or where a natural disaster, etc. or any of the following extenuating circumstances exists to Gap or Eul:

Article 9 (Deposit for Performance of Contract) (1) Eul shall pay to Gap a million won (1,00,000 won) of the contract deposit in order to secure the performance of this contract and the price for goods such as teaching materials, teaching materials, teaching materials, promotional materials, etc. purchased from Gap, or other debts to Gap, such as the amount of damages, etc.

(2) When the principal franchise agreement is terminated, A shall be made to B from the performance bond of the contract referred to in paragraph (1).

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