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(영문) 부산지방법원 2015.06.19 2013가단219599
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiffs entered into a franchise agreement (hereinafter “instant franchise agreement”) under the name of “D” with the Defendant who runs a franchise business (hereinafter “instant franchise business”) with the focus on oil, jute, etc., as follows. Accordingly, the Plaintiffs agreed to pay KRW 2,50,000,000 per month for the franchise fee, KRW 5 million for educational expenses, KRW 5 million for each education, KRW 5 million for each education, KRW 5 million for sales promotion expenses, and KRW 3 million for the use of business marks, and for the management of franchise stores (hereinafter “exclusive fee”). On September 21, 2012, the Plaintiffs agreed to pay KRW 2,50,000 per month for the consideration for the use of business marks, KRW 5 million for sales promotion expenses, and KRW 1,000,000 per annum. The Plaintiffs from December 21, 2012 to September 21, 2014, 2013.

B. Pursuant to each of the instant franchise agreements, the Defendant supplied the Plaintiffs with fruit, Bable Cream, milk, typ, pulse, sugar, soiling, and fruits, which are the raw and secondary materials required for franchise business.

C. Meanwhile, according to each of the instant franchise agreements, the Defendant may engage in sales promotion activities, such as discount sales, provision of free gifts, events, etc. on a national and regional unit for the revitalization of franchise business and franchise store business. Accordingly, the Defendant had the former franchise business operator conduct the events of “G” (hereinafter “instant promotion events”), which are events for discount sales, and borne part of the expenses to the franchise business operator.

On June 19, 2013, the Plaintiffs submitted the instant complaint to the effect that the instant franchise agreement is terminated on the grounds of the Defendant’s violation of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”).

[Ground of recognition] Facts without dispute, Gap 1, 9, 10, 11, and Eul 8, the purport of the whole pleadings

2. The plaintiffs' defendant.

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