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(영문) 서울중앙지방법원 2017.01.11 2016가단5094118
위약벌금청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From July 7, 2011, the Defendant has operated a coffee specialty store in Jung-gu Seoul Metropolitan Government.

B. The Plaintiff was established on October 28, 201, and on November 8, 2011, the Plaintiff concluded a franchise agreement (hereinafter “instant contract”) with the Defendant to establish the Plaintiff’s franchise store (hereinafter “instant subparagraph 1”) at the coffee specialty store that the Defendant operated.

Article 2 (Matters concerning Payment of Franchise Expenses, Educational Expenses, and Guarantee Money) ① When concluding a contract, the defendant shall pay to the plaintiff KRW 3.3 million for franchise expenses, KRW 2.2 million for educational expenses, and KRW 3.3 million for deposit.

(2) A franchisee is a admission fee, store room, information for open and operation, data provision, initiation and operation education for know-how and open support, and an education fee is a cost for cooking and service education at the head of a district office of education designated by the plaintiff before the opening of a store.

(3) If a contract expires due to the expiration or termination of the contract as an amount of guarantee for the performance under the franchise agreement, such as the price for goods and materials, or for the payment of debts or damages, the deposit shall be refunded immediately after the execution of the contract along with a settlement statement after offsetting the deposit and the remaining amount

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchiseess) (1) Installation of business facilities, fixtures, etc.

1. The term "business facilities and equipment" means all necessary items for the defendant to open a franchise store, such as signboards, interiors, kitchen facilities, food materials, etc. necessary for the defendant to open a franchise store;

The defendant's business facilities and equipment shall be installed and purchased in accordance with the manuals and specifications determined by the plaintiff so as to maintain the unity and originality of the whole franchise business.

2. The defendant may directly install and purchase the business facilities and equipment.

In such cases, the plaintiff shall dispatch his/her staff to supervise the smooth progress of construction works and installation, and shall pay 30,000 won per 3.3 square meter to the plaintiff.

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