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(영문) 서울중앙지방법원 2019.07.03 2018가합528747
가맹비등반환청구
Text

1. All part of the principal lawsuit of this case concerning the claim for litigation costs and the claim for removal shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is a party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a franchisor that engages in franchise business using the trade name “C,” and the Defendant is a person who entered into a franchise agreement with the Plaintiff and operated an “F store” in D and 1st E of Seongbuk-gu, Sungnam-si (hereinafter “instant franchise store”).

B. On May 15, 2017, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, setting the term of the contract from May 15, 2017 to May 14, 2019, with the amount of KRW 2,00,000,000 for employees, and KRW 3,000 for educational expenses (hereinafter “instant franchise agreement”). The relevant parts of the instant franchise agreement are as follows. Here, “A” and “B” were to receive KRW 2,00,000,000 from May 18, 2017 to June 13, 2017, including the Plaintiff’s receipt of KRW 63,250,000 (hereinafter “instant payment”).

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchise Business Operators) (2) The procurement and management of goods.

1. The standardization of Qua New Technology is to increase the convenience of customers so that customers may feel a uniform image and make customers feel the same satise at any time.

Furthermore, it is pursuing the joint development of the whole franchisees by enhancing the brand loyalty, brand reliability, and enhancing the customer's brand reliability.

Therefore, “B” must be supplied from “A” with essential items for the unity of franchise business during business (the required items listed in the franchise disclosure statement V-1).

(3) The term “B” in this context means that: (a) the term “B” in this case does not include an essential product, or changes or add any other material to a domain, without the permission of “A”. (4) The term “B” in this case means that customers secure homogeneity in order to enhance brand loyalty and brand reliability with the same business image.

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