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(영문) 부산지방법원 2017.05.11 2016가단336334
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 4, 10, and 18, together with the purport of the whole pleadings.

Article 1 (Definitions)

5. The term "franchise fee" means money, regardless of its name or form of payment, which falls under any of the following items, including franchise expenses, deposit, expenses related to the establishment, regular payment expenses, etc.:

17. The term "business area" means the scope of business districts where each franchisee is guaranteed, and means an area determined by a franchiser and a franchisee through mutual consultation;

Article 5 (Independence of Parties to Contracts and Liability for Contracts) (5) A franchiser shall confirm that this contract alone does not guarantee the success of a franchisee.

Article 6 (Franchising Fees, etc.) (1) A franchisee shall pay to a franchisor a franchise fee of KRW 25 million (in addition to value-added tax; hereinafter the same shall apply) and KRW 5 million for each item in accordance with the standards set by an information disclosure statement or a franchisor separately in writing at the time the initial franchise agreement is entered into.

② The amount under the preceding paragraph shall be effective only during the term of this contract, and shall be the extinguished cost which is not repaid in principle.

A franchisee shall pay 2% of the sales of a franchise store to a franchiser by the fifth day of the following month.

Article 8 (Deposit for Performance of Contract) (1) When a franchisee enters into a franchise agreement to guarantee the performance of any of the obligations under this contract, penalty for breach of contract, compensation for damages, etc. that may occur during the term of the contract, he/she shall deposit the deposit amount of five million

Article 14 (Return of Franchise Fees, etc.) (1) In any of the following cases, a franchiser shall return franchise fees within one month from the date a franchisee requests in writing that certain matters be stated:

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