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(영문) 부산지방법원 2020.05.14 2018나46469
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) C’s counterclaim filed by this Court shall be dismissed.

2. The judgment of the first instance court is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. The Plaintiffs enter into a franchise agreement with Defendant C, E, and the store owners operating “E” (hereinafter “instant store”). Defendant C is a business operator operating “E” franchise franchise business with the trade name of “F,” and Defendant D is a business operator operating the instant store franchise franchise business with the trade name of “G,” and Defendant D is a business operator operating the instant store franchise business with the trade name of “G,” and Defendant D is a person who performs part of the instant store interior interior works.

B. On October 6, 2016, Plaintiff A entered into an E franchise agreement (hereinafter “instant franchise agreement”) with Defendant C during the contract period from October 6, 2016 to October 6, 2018.

The main contents thereof are as follows:

Article 11 (Refund of Admission Fees, New Educational Expenses, and Admission Fees) (1) “B” (Plaintiff A) shall be paid to A in the manner prescribed by “A” (Defendant C) at the time of entering into a franchise agreement on the franchise business of “E” and a daily amount of KRW 11,00,000 for new educational expenses (including sak 22,00,000,000, and value added tax).

Here, the membership fee means the payment made to Party A, a franchisor, to obtain the business mark use of Party A, the offer of know-hows related to the business, the franchise store operation right, etc. during the contract period, and the price for purchasing the equipment, appliances, interior and exterior decorations (the interior, etc.), signboards, uniforms, and other facilities of Party B's store operation does not include the price for purchasing them.

(2) Where it is difficult to continue the franchise business due to the sole reason of B after the conclusion of this contract, B may not request the refund of subscription fees under paragraph (1).

(A) Article 14 (B) ① “B” is designated by Party A according to the specifications as determined by Party A so as to maintain the unity and originality of the entire franchise business, such as store facilities (inward and outside interior equipment, interior equipment, interior equipment, signboard, kitchen equipment, etc.) and operating goods (insurgical equipment, chair, etc.) by no later than the opening date.

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