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(영문) 춘천지방법원원주지원 2015.03.31 2014가단6236
계약서무효확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 47,544.

Reasons

1. Basic facts

A. The defendant is a corporation that runs a franchise business for convenience stores.

On April 23, 2013, the Plaintiff entered into a franchise agreement with the Defendant on the “Stosaw” on the first floor B in the original week (hereinafter “instant franchise agreement”) with the term of the contract from May 15, 2013 to May 14, 2018.

The franchise agreement of this case includes the following matters:

Article 3 【Agreement on Franchise Agreement】

3. In concluding this contract, Gap (i.e., the defendant) and Eul (i.e., the plaintiff) can predict the outcome of store business by mutual consultation.

However, Gap explained to Eul that "this result can only be used as reference materials, not meaning the guarantee for the performance of the store operation, and the performance of the store operation depends on the management ability of Eul to fully utilize and apply guidance and advice by the management know-how."

4. A provides a franchise disclosure statement to B 14 days prior to the date of the execution of the franchise agreement or the date of receipt of the franchise fee from B, and B confirms that the franchise disclosure statement was provided by B.

Article 21 21 【Business Principles 【B” shall be managed at the responsibility and charge of B according to the guidance and advice of B, and A shall continuously provide B with the following management and technical guidance and cooperate in B’s business:

5. Other individual measures deemed necessary for increasing mutual interests between A and B, Article 22 【Business Hours】

1. The business hours of the Stosaw point shall, in principle, be twenty-four-four-hour business hours per annum under the conditions as provided in this Agreement;

(B) Article 32 【Burst】

1. “A” and “B” confirm that this contract is a franchise contract, provide “A”-to-p system based on the basis of the franchise contract, and bear a certain percentage of “A” in return for the supply of “A” system based on the franchise contract.

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