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(영문) 수원지방법원성남지원 2015.11.19 2014가합205535
부당이득금
Text

1. Defendant (Appointed Party) and Appointed D jointly share the Plaintiffs’ KRW 110,00,000,000 and their related thereto on September 6, 2014.

Reasons

Basic Facts

The purpose of the E&F franchise agreement is to grant the Defendants a franchise license necessary for the Defendants to participate in the franchise business based on the “E&F” (hereinafter referred to as the “franchise business”), which is one of their brands, to operate the franchise business through the franchise store system (hereinafter referred to as the “system”), while prescribing the rights and obligations of the Defendants and the Plaintiffs, and all necessary matters, etc., thereby faithfully performing them with mutual trust and cooperation and contributing to the development of the franchise business.

The headquarters, which is an enterprise specialized in the Rotterdam, shall be the headquarters (hereinafter referred to as the "Center"), and the "E branch" (hereinafter referred to as the "member store") shall be approved as the Etetetete and F franchise franchise franchise store of the headquarters.

The scope and details of projects supported by the headquarters shall be as follows:

1) The owner of a franchise store: The address of the Plaintiffs 2: B203, B204, Article 1 (Business Details of the headquarters and the franchise store) 1 of the Gyeonggi-do, the headquarters takes charge of the interior of the franchise store and the interior design and construction of interior works as agreed upon with consumers. Moreover, the royalties between the headquarters and the franchise store shall be determined at the rate of 10% of the total monthly sales of the franchise store. The franchise store shall purchase the operating equipment of the store designated by the headquarters, including design and construction, equipment and devices provided by the headquarters, and parts, including the office equipment and facilities, and shall not sell any product other than those designated by the headquarters.

Provided, That where the feasibility of business is recognized among the products proposed by a franchise store, such products may be sold in consultation with the headquarters.

Article 3 (Before and after the opening of the store), the number of persons designated by the Defendants among the persons necessary for the operation of the plaintiffs' franchise store (the number of the persons concerned must be the plaintiffs.

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