logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.20 2016나59463
물류대금 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

1. Basic facts

A. On November 25, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, setting the term of the contract with respect to “E” of “E” of “E” of “E” of “C” from November 25, 2014 to November 24, 2017, with the following content.

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchisees) (2) Procurement and management of goods

1. The “Mere-Standardization” is to increase the convenience of customers so that customers may feel a uniform image at any time in order for customers to feel the same satise.

Furthermore, it is pursuing the co-development of the whole member shop by enhancing customer brand loyalty, brand trust, and pursuing the co-development.

Therefore, the defendant must be supplied by the plaintiff with essential items for the unity of franchise business during the business (the required items in the franchise disclosure statement V-1).

(1) It is deemed that the Plaintiff did not separately claim to the Defendant the royalties equivalent to the cost of the use of the business mark, the management of the franchise store, etc., and the royalties are included in the distribution cost.

Therefore, the defendant should perform the obligation to pay royalties by using the goods supplied by the plaintiff.

Article 12 (Matters Concerning Grounds for Termination of Contract) (2) The plaintiff or defendant may terminate the franchise agreement immediately in any of the following cases where it is impracticable to continue the transaction of the franchise business, without due process under paragraph (1) of this Article:

10. Where the defendant has suspended business for at least seven consecutive days without good cause, Article 13 (Matters to be taken following the termination and termination of the franchise agreement) (1) The defendant is "C" when the period of the franchise agreement expires or is terminated.

arrow