(영문) 창원지방법원 2015.12.24 2015나6665 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.12.24 2015나6665

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a person who runs a wholesale and retail business with the trade name of "C", and the defendant is a person who runs a printed franchise business with the trade name of "D".

B. The items of “D’s business start-up guidance” on the Defendant’s website provide different details according to the business start-up cost. However, in the case of KRW 3.9 million for the business start-up cost, the phrase “online printing, promotional products business, provision of printed materials, i.e., bookbook (A4), i.e., bookbook (Dong), and website provision,” and the phrase “after consultation, grant the right to pay the cost of start-up and contract, and construction of a website for providing in-service training data.”

In addition, the advertisement column of the “i.e., ground equipment” among the items of the “i.e., ground equipment” on the above website refers to not only the 1. equipment, but also the excessive, original, and material are directly produced and supplied at the head office. 2. The advertisement column of the “i.e., ground equipment” includes not only the 1. equipment, but also the provision of excessive, original, and material at the head office.

C. On August 12, 2013, the Plaintiff entered into a contract to establish an agency (hereinafter “instant contract”) with the Defendant, and the key parts of the terms of the contract are as follows.

Article 3 The term "franchise store" means an individual or corporation that entered into a contract for the establishment of a franchise store from "A" and acquires rights to engage in all business activities equivalent to "A" on behalf of "A".

The terms of the franchise store contract of Article 4 refers to the time when the representative of the franchisee affixes his/her seal to the franchise contract signed by the franchise store after paying the franchise fee and signed by the representative of the franchise store, and the franchise store may commence all business activities corresponding to A from this time.

Article 6 A franchise store shall pay the franchise fee of KRW 3.9 million to A in cash at the time of the conclusion of this Agreement.

(Special Matters: Shall be the franchise store service of § 7.2.2.2.2.

유사 판례

-의정부지방법원 2014.06.11 2013노1687

-수원지방법원 2017.06.29 2016가단519078

-대전지방법원 2015.07.16 2014노2072

-인천지방법원 2016.04.01 2015고정2374

-부산지방법원 2017.05.11 2016가단336334