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(영문) 서울중앙지방법원 2016.11.18 2015가단5227744
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 23,255,106 as well as KRW 19,329,60 as to the Plaintiff’s KRW 23,329,60. From July 18, 2015 to November 18, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. is a company that runs a franchise business for accommodation facilities with the brand called “C,” and the Plaintiff entered into a franchise agreement with the Defendant and operates a franchise store.

B. On May 30, 2013, the Plaintiff entered into a franchise agreement with the Defendant and entered into a lease agreement with respect to the FF in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the Defendant’s physical color, at KRW 50,000,000, monthly rent of KRW 3,000,000.

C. On June 5, 2013, the Plaintiff entered into the instant franchise agreement (hereinafter “instant franchise agreement”) with the Defendant with the following terms and conditions (hereinafter “instant franchise agreement”).

The term of contract: 2 years, the defendant shall not refuse the renewal of the franchise agreement between 180 and 90 days before the expiration of the franchise agreement without good cause (Article 6): 16,50,000 won: deposit for performing contract; 3,000,000 won (Article 14, 15) store interior equipment, etc. (Article 9) - The plaintiff shall complete the interior equipment, etc. (facilities, such as indoor decorations and signboards, etc.) at the plaintiff's expense in accordance with the defendant's due diligence and examination to maintain the unity and originality of the whole franchise business before the opening of the franchise store; the contract period shall be maintained; the above interior equipment may be directly constructed or requested for construction by the plaintiff in accordance with the specifications set by the defendant; the defendant may be constructed by selecting an enterprise to be introduced by the defendant; the defendant may request the defendant to separate the area from the existing franchisee's operating equipment and supervision area; and the defendant may request the defendant to separate the area from the existing franchisee's operating equipment and supervision area (Article 300 meters).

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