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(영문) 서울중앙지방법원 2019.05.01 2018나7848
대여금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs franchise business, etc., and is a franchiser that has the right to run the brand franchise business, operation and franchise business of “F” from “F”, and the Defendant is a franchisee that entered into a franchise agreement with the Plaintiff on December 28, 2016 with the Plaintiff (hereinafter “instant franchise agreement”).

B. The main contents of the instant franchise agreement are as follows.

B (hereinafter referred to as the "member shop") and A Co., Ltd. (hereinafter referred to as the "member company") granted the right to conduct franchise business and operation, and franchise business to the Dispute Resolution Co., Ltd. (hereinafter referred to as the "member company") shall have "member company" sell goods and services in accordance with certain quality standards or business methods using E trademark, service mark, trade name, signboards, and other business marks (hereinafter referred to as "business marks") as authorized by "member company" or "member company," and shall provide support, education, and control for management and business activities, etc., and "member company" shall carry out its business in a successful manner through the continuous transaction relationship in which franchise fees are paid to "the main company" in return for the use, management, business activities, etc. of business marks, and the continuous transaction relationship in which franchise fees are paid to "the main company".

Article 9 (Payment of Price)

1.The term “member shop” shall recognize the full amount of the loan previously borrowed prior to the conclusion of this franchise.

The term "member shop" shall lend 10 million won per premium (10,000,000) and 30,000 won (30,000,000) of the deposit money of the relevant member shop to "member store" from "member store" to "member store" on December 20, 2016, and preferentially pay 1,000,000 won for the premium down payment (1,00,000) and 3,000,000 won for the contract deposit per contract (3,00,000), including the down payment, which is necessary to open the G store, to "member store", and the "member store" shall come from the relevant business entity.

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