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(영문) 의정부지방법원 2020.09.17 2019나209490
위약금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) is a company engaged in accommodation business, such as pension operation and management, and the Defendant is a company that vicariously executes pension operation and sells pension marketing.

The plaintiff is a company established on September 26, 2017 to conduct management business, etc.

B. On April 28, 2017, C and the Defendant entered into a franchise agreement with regard to the pention E (hereinafter “instant pention”) of the Gyeonggi-gun E (hereinafter “instant pention”) operated by C (hereinafter “instant franchise agreement”). The main contents of the agreement entered into at the time are as follows.

Article 1 (Definition of Contract) The purpose of this Agreement is to subscribe to and modify various provisions related to accession to C (hereinafter referred to as “A”) as a member store of the “Dpent” operated and managed by the Defendant (hereinafter referred to as “B”).

III.(Types of Franchises and the Basic Matters of Franchises) Direct Admission of Franchises into Direct Franchiseess of Basic Matters of Franchises

1. A’s pension is for marketing and operation (pre-contract management), and A will provide services to customers.

2. The contact numbers and account numbers entered on the A’s website and the real-time reservation management system shall be indicated as B;

3. A during the term of the contract shall not entrust or individually entrust the operation of the advertisement and marketing to another enterprise.

Article 4 (Operation of Franchisees Facilities and Management of guest Rooms) (1) B shall guide and manage the business of the franchise store and provide advice on the operation of the franchise store in order to increase the rate of operation of the guest room of A's franchise store and to improve its image.

Article 5 (Pre-Contract Management Fee and Operation Agency Fee) ① Pre-Contract Management Fee shall be used for the franchise store management system provided by B, and the priority of the reservation shall be set as the top priority.

(4) The reservation settled on the Gap's website and the real-time reservation system shall be as follows:

The total settlement amount (including the basic guest fee and the additional personnel fee) shall be 25% (including the value added tax).

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