logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.08.09 2016가합46348
가맹금 반환등 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ relevant Defendant F Co., Ltd. (hereinafter “Defendant F Co., Ltd.”) are companies running franchise business, etc., and “H” are companies engaging in franchise business as prescribed by the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”) concerning glutinous rice, rice, and rice, rice, etc. sales store between “H”. Defendant G is the founder and representative director of the Defendant Co., Ltd.

B. 1) The Plaintiffs entered into the instant franchise agreement with the Defendant Company as follows (hereinafter “instant franchise agreement”):

(1) On September 27, 2016, the Plaintiff’s store name (hereinafter “Plaintiff’s store name”) entered into the instant franchise agreement on September 28, 2017: (a) the 201st day of the termination date of the contract; (b) the 1st day of the contract; (c) the 201st day of the 26th day of September 27, 2014; and (d) the 3rd day of the 2017 B B B shipping store store on January 7, 2015; and (d) the 3rd day of the 3rd day of February 28, 2017 (hereinafter “B”) the 201st day of the instant franchise agreement as follows. The main contents of the instant franchise agreement are as follows:

Article 15 (Construction of Facilities) (1) A may encourage B to install interior works, signboards, etc. (hereinafter referred to as “facilities”) through A (including persons designated by A) so as to maintain the unity and originality of the whole franchise business.

(2) Where this facility or device is installed or installed, it shall be constructed or installed according to the specifications determined by A.

In such cases, B shall submit design drawings, design drawings, models, and specifications to A and obtain approval therefor.

Article 34 (Reasons for Return of Franchise Fees) A shall return franchise fees within one month from the date on which B makes a written request, in any of the following cases:

2. If a Party A violates Article 9 (1) of the Franchise Business Act and a Party B requests the return of the franchise fee before the franchise agreement is entered into;

3. Where A violates Article 9 (1) of the Franchise Business Act, it shall be false or fraudulent.

arrow