(영문) 서울중앙지방법원 2017.12.22 2016가단5212244

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(영문) 서울중앙지방법원 2017.12.22 2016가단5212244

매매대금

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1. The Defendant (Counterclaim Plaintiff) is KRW 435,486 on the Plaintiff (Counterclaim Defendant) and KRW 5.7 million on October 25, 2016.

Reasons

1. Basic facts

A. On September 6, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, setting the contract term on the “E store” of Gangseo-gu Seoul Metropolitan Government D1st floor from September 6, 2014 to September 5, 2017, with the Defendant, with the following content:

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchisees) (2) Procurement and management of goods

1. The “Mere-Standardization” is to increase the convenience of customers so that customers may feel a uniform image at any time in order for customers to feel the same satise.

Furthermore, it is pursuing the co-development of the whole member shop by enhancing customer brand loyalty, brand trust, and pursuing the co-development.

Therefore, the defendant must be supplied by the plaintiff with essential items for the unity of franchise business during the business (the required items in the franchise disclosure statement V-1).

(The order of goods shall not be issued three times a week in principle, and the price of goods shall be paid to the plaintiff immediately after the order is issued. (The order of goods shall not be issued to the plaintiff without the plaintiff's permission.)

Expenses for delivery shall be borne by the defendant.

(11) The plaintiff does not separately request the defendant to pay royalties for the use of business marks, the management of the franchise store, etc., and is deemed to include royalties for logistics expenses.

Therefore, the defendant should perform the obligation to pay royalties by using the goods supplied by the plaintiff.

Article 13 (Matters to be Taken Following Termination and Termination of Franchise Agreement) (1) When the period of the franchise agreement expires or is terminated, the defendant shall suspend the use of a business mark indicating "C" and remove it immediately.

In addition, telephone numbers (14 registration and local information on online portal sites) and other publicity sites are registered.

유사 판례

-서울중앙지방법원 2018.09.20 2018나8346

-서울중앙지방법원 2017.09.20 2016나59463

-서울중앙지방법원 2019.07.03 2018가합528747

-청주지방법원 2020.07.09 2019나12405

-서울중앙지방법원 2017.12.01 2016가단5220948