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(영문) 청주지방법원 2020.07.09 2019나12405
공사대금
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On May 2, 2016, the Plaintiff, a company that runs the business of “C reading room” brand of “C reading room,” and entered into a franchise agreement with the Defendant on May 2, 2016, to operate the “C reading room” by using the Plaintiff’s trademark, service mark, trade name, signboards, and other business marks (hereinafter “instant reading room”), and to enter into a continuous trade relationship in which franchise fees are paid in return.

(hereinafter referred to as “instant franchise agreement”). (b)

The term of the instant franchise agreement shall be five years from May 2, 2016 to May 2, 2021, and its main contents shall be as follows:

Article 2 (Matters concerning Payment of Franchise Expenses and Educational Expenses) (1) The plaintiff shall enter into a contract for free and educational expenses to the defendant at the time of concluding the contract.

Article 6 (Matters concerning Conditions on Business Activities of Franchiseess) (2) The procurement and management of goods.

1. “Standardization of a service” is essential to protect customers from a uniform image of [C] and to increase customers’ convenience at any time to feel the same service.

Furthermore, for the enhancement of customer brand loyalty and reliability and the joint development of the whole franchise store operator, the defendant should purchase and use essential items for the unity of franchise business during the business as determined by the plaintiff.

4. The supply price of goods supplied by the plaintiff or plaintiff's cooperator shall be determined by the plaintiff or plaintiff's cooperator, and the supply price may be determined by the current market situation.

However, if the defendant finds that the price is unfair, he/she shall have the right to submit the supporting material in writing and request the correction of the price, and the final decision shall be determined by mutual agreement between the parties.

(11) The Defendant paying royalties shall pay royalties (an amount equivalent to 5% of the net sales and an amount equivalent to 5% of the net sales) for the use of business marks, the management of the franchise store, etc. from the following month to the fifth day of the following month.

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