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(영문) 부산지방법원 2015.03.20 2013가단220766
손해배상(기)
Text

1. Plaintiff (Counter-Defendant) A and B’s main claim and Plaintiff (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) A.

Reasons

1. Basic facts

A. The Plaintiffs, under the name of “C”, entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant running a franchise business (hereinafter “instant franchise business”) on the basis of B B B/L (referring to a beverage that has caused waste by mixing B/L with oil, juice, etc.) as its central product, and accordingly, paid KRW 5 million for each of the following items (hereinafter “each of the instant franchise agreements”). The Plaintiffs agreed to pay the Defendant the amount equivalent to KRW 2.5% per month’s supply price for the use of the business mark, management of the franchise store (hereinafter “Continu franchise agreement”), and the amount equivalent to KRW 2.5% per month’s supply price for Plaintiff B/L 2.14,21,200,000 for each of the following items (hereinafter “instant franchise agreement”).

B. Pursuant to each of the instant franchise agreements, the Defendant supplied the Plaintiffs with fruit, Bable Cream, milk, typ, pulse, sugar, soiling, and fruits, which are the raw and secondary materials required for franchise business.

C. Meanwhile, the Defendant: (a) had a franchise business operator conduct an event for “F” (hereinafter “instant promotional event”), which is a promotional event for the discount and sale of items for each month; and (b) had the franchise business operator bear part of the expenses.

On July 2, 2013, the Plaintiffs submitted the instant complaint stating that the instant franchise agreement is terminated on the grounds of the Defendant’s violation of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 evidence 1, 2, Gap evidence 11-1 to 4, Gap evidence 15, Eul evidence 9-1 and Eul evidence 9-2, the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claim against the defendant

A. The plaintiffs.

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