(영문) 인천지방법원 2018.12.13 2018나52528

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(영문) 인천지방법원 2018.12.13 2018나52528

가맹보증금반환

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. In the instant case where the Plaintiff initially sought reimbursement of KRW 34,00,000 against the Defendant and reimbursement of KRW 20,000,000 for consolation money, the judgment of the first instance court, which dismissed all of the above claims, is obvious that the Plaintiff only files an appeal against a part of the claim for the refund of the franchise deposit. Thus, the claim for the return of the franchise deposit is subject to the judgment of the court of the first instance, and it is decided to review and determine the above.

2. Basic facts

A. The defendant is a company aimed at “B”’s mutual convenience store business.

B. On September 16, 2009, the Plaintiff and the Defendant entrusted the Plaintiff with the operation of the “Cstore” (hereinafter “instant convenience store”), provided services, such as shop design, management guidance, procurement of goods, etc. during the contract period (two years from September 17, 2008 to September 16, 2010), and the Plaintiff, upon selling goods on credit from the Defendant, immediately remitted the sales amount to the Defendant, but on the fixed date, entered into a franchise agreement with the Defendant to receive payment as “settlement of profits” after deducting the amount of goods, franchise fees, and other expenses from the said sales amount.

(hereinafter “instant franchise agreement”). The main contents of the instant franchise agreement concerning the return and settlement of franchise fees are as follows:

Article 4 Deposit of Franchise Fees

1. When entering into a franchise agreement, the Plaintiff shall deposit the following franchise fees into the account and depository designated by the Defendant.

B. A product deposit: The Plaintiff shall pay the daily 12,000,000 won (Won 12,000,000) as a product deposit.

(c) A security deposit for the establishment of facilities: A deposit shall be paid in two million won (Won 2,00,000) in consideration of the payment made by the Plaintiff to the Defendant to secure the return of the fixtures, facilities, and equipment supplied by the Defendant.

Deposit is an investment deposit for the operation of convenience stores that the plaintiff wishes, and is the defendant.

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