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(영문) 서울중앙지방법원 2014.10.21 2013가합534563
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the franchise agreement, the Defendant imported high-priced glass and glass products from a foreign country and distributed them to the Republic of Korea. From around 2011, “C” in the name of the brand, line glass, contact lensess, and glass, etc. (hereinafter “brus, etc.”).

(2) Around December 2011, the Plaintiff and the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with the effect that the Plaintiff would operate the Daejeon Gdong Store (hereinafter “instant franchise store”) for five years from the date of entering into the agreement in Daejeon Jung-gu, Daejeon (hereinafter “instant franchise agreement”) by using the trade name, trademark, etc., the name, trademark, etc., of “C” or “C” in the English language.

In the instant franchise agreement, the details of the instant case shall be as specified in attached Form.

B. The Plaintiff and the Defendant’s transaction 1) paid KRW 22,00,000 (including value-added tax) to the Defendant pursuant to Article 10(2) of the instant franchise agreement, and around May 2012, the Plaintiff started the business of the instant franchise store by being supplied with a total of KRW 91,740,200 with safe-to-door goods, etc. from the Defendant. (2) The Defendant supplied the Plaintiff and the Plaintiff with safe-to-door goods, etc. to the franchise store owners, including the Plaintiff, pursuant to the method of supplying the safe-to-door goods, etc.: (i) individual order of the franchise; (ii) connecting the POS system (the socially weak of the store; (iii) connecting the POS device device installed in the store store with the sales information generated by each product; and (iv) reflecting the purchase and production of the goods or applying the detailed sales management to the Plaintiff’s sales information generated by each product; and (iv) determining that it is necessary for the Defendant to place an order for new-to-door goods, etc.

hereinafter referred to as "new goods, etc.".

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