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(영문) 울산지방법원 2017.05.12 2016가단64380
약정금
Text

1. The Defendant’s KRW 19,107,715 and KRW 4,650,365 among the Plaintiff’s KRW 19,107,715, and KRW 14,457,350 among the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that engages in food service franchise business, etc., and the defendant is a person who has entered into a franchise agreement with the plaintiff.

B. On July 7, 2015, the Plaintiff and the Defendant entered into a franchise agreement with the following content (hereinafter “instant franchise agreement”).

Article 2 (Definition of Terms) The terms used in this Agreement shall have the following meanings:

4. The term "franchise fee" means any consideration that a franchisee pays to a franchiser in accordance with a franchise agreement, regardless of the name or form of payment, and includes the initial franchise fee, continuing franchise fee, and contract performance guarantee;

5. The term "first franchise fee" means a price that a franchise business operator pays to a franchiser in order to start a franchise business after obtaining a franchise license from the franchise business under a name, such as the installment payments for admission fees, the installment payments for membership fees, the initial subsidies for open use

6. The term "exclusive franchise fee" means all payments that a franchise business operator pays to a franchiser on a regular or irregular basis with respect to the use of business marks, support for and training on business activities, etc. and other matters in order to maintain a franchise business after the franchise business operator starts, regardless of the name, such as trademark use fees, educational expenses, and business

Article 8 (Indication of Franchiseess) The indication of chain stores to be established by franchisees under this Agreement shall be as follows:

(1) The name of the store: B (2) the name of the store and the name of the representative: A: the size of the store in Ulsan-gu C (4): 69 square meters (the date of entry into force of the contract and the period of contract). (1) The first contract in this contract shall enter into force on July 7, 2015 and its period shall be three years from the date of entry into force of the contract until July 6, 2018.

Article 13 (Facilities of Shops) (3) Franchise business operators shall maintain the unity and originality of the whole franchise business operators within the interior interior interior interior interior interior interior interior, interior interior interior, and interior interior of the franchiser.

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