(영문) 의정부지방법원 2015.05.15 2013가단44782

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(영문) 의정부지방법원 2015.05.15 2013가단44782

손해배상

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1. The defendant shall pay 48,00,000 won to the plaintiff and 20% per annum from November 29, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a restaurant chain business with the brand called “Ccafeteria”.

Article 8 (Term of Contract)

1. The term of validity of this contract shall be two years from the date of its conclusion, and shall be extended every one year when there is no declaration of intention to terminate the contract 30 days prior to the date of termination of the contract.

Article 9 [Supply of Materials]

1. The defendant shall supply the plaintiff or sell materials supplied by the company designated by the plaintiff (hereinafter referred to as "materials") as stuffed fish, meat, beverages, food materials, etc.

Article 13 【Damages】

1. When the plaintiff or the company designated by the plaintiff does not be supplied with materials and the damages incurred at the time of being supplied with materials at the defendant's discretion each time, the defendant shall pay five million won per case to the plaintiff.

2. If the Plaintiff has fallen in brand recognition maps or caused material or mental damage to the consumer by using an uncertified import product or an uncertified logistics, the Plaintiff must compensate for that portion.

3. If a cause attributable to the defendant causes a enormous obstacle to the business of the plaintiff due to physical or mental damage, the defendant shall be held liable for it.

B. On May 24, 2011, the Plaintiff entered into a franchise agreement between the Defendant and the Defendant to pay the down payment of KRW 5 million and KRW 10 million to the Plaintiff, and to operate the “Ccafeteria E” on the window of Changwon-si (hereinafter “instant franchise agreement”), and the main contents thereof are as follows.

C. The Defendant paid the Plaintiff the down payment of KRW 5 million on the date of entering into the instant franchise agreement, but the franchise fee of KRW 10 million is not paid.

(1) In order to operate the instant franchise store, the Defendant leased Nos. 102 (hereinafter “instant store”) at Changwon-si’s window 102 (hereinafter “instant store”). The Plaintiff.

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