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(영문) 수원지방법원 2016.07.06 2015나37563
가맹금
Text

1. Upon the request of the plaintiff expanded in the trial, paragraph 1 of the order of the first instance judgment shall be amended as follows.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a franchise business related to “C”, which is a after-school education program, producing the flight machine model, etc. operated with a small electric mortar, as “D.”

B. On July 15, 201, the Plaintiff and the Defendant entered into a franchise agreement with the Defendant to pay a franchise fee to the Plaintiff in return when the Plaintiff supplied the Plaintiff with school materials, etc. related to the above education program or the Defendant operated after-school lessons using the Plaintiff’s business mark (hereinafter “instant franchise agreement”). The main contents are as follows.

Article 2 (Definition of Terms) (4) The term "franchise fee" means any consideration that a franchisee pays to a franchiser in accordance with a franchise agreement, regardless of the name or form of payment, and includes the initial franchise fee, continuing franchise fee, and contract performance guarantee.

The term "Continuing franchise fee" in paragraph (6) means all payments that a franchise business operator pays to a franchiser on a regular or irregular basis in connection with the use of business marks, support for business activities, etc., education, and other matters in order to maintain a franchise business after the franchise business starts, regardless of the name, such as trademark fees, educational expenses, and management support

Article 17 (Continuing Franchise Fees) The details of continuing franchise fees that a franchisee is obligated to pay to a franchiser shall be as follows:

Paragraph 2 of the nature of the continued franchise fee that shall not be refunded on the 15th day of the following month after the end of 10% of the tuition fees for private business marks that may not be refunded on the due date for the repayment of the amount of the continued franchise fee. The franchisee shall notify the franchisor in writing of the previous quarter gross sales by no later than 15 days after the end of the

Article 22 (Agreement and Education of Instructors) (1) A franchise business operator under paragraph (1) shall comply with the uniform lectures and educational methods, and shall not impair the honor and credit of the franchiser.

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