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(영문) 수원지방법원 성남지원 2021.01.12 2019가단215837
부당이득금
Text

The defendant's KRW 36,930,000 to the plaintiff and its related KRW 5% per annum from July 17, 2019 to January 12, 2021.

Reasons

1. Facts of recognition;

A. The Defendant operates the “C” franchisor, which is a company specialized in hosting construction of a kitchen or bathing room.

B. On December 31, 2018, the Plaintiff used the business mark “C” with the Defendant as the Jeonju-si business area, and entered into a three-way franchise agreement to provide the necessary goods and other related equipment and to receive education, training, and business support (hereinafter “instant franchise agreement”).

(c)

The main contents of the instant franchise agreement are as follows.

Article 6 [Attachment Franchise, etc.] ① The details of the initial franchise that a franchisee (the plaintiff, the same shall apply hereinafter) shall pay to the franchisor (the defendant, the same shall apply hereinafter) are as follows: (1) the first franchise shall be 31,800 high time limit for payment, including the franchise amount, and the first franchise shall be 4,200 marketing education for the first deposit at the time of entering into a contract, such as the use of trademark rights, operating hosting, etc.; and (2),00 marketing education for the 14-day educational contract performance guarantee for the 14-day educational contract for the field education; and (3) the amount of the first franchise shall be valid only for the principal contract period under the preceding paragraph, and in principle, the amount shall not be refunded at the extinguished cost.

Article 7 [T] A franchisee shall pay 70,000 won (including additional taxes) per month to the franchisor within the last day of the month after the opening of the business according to the utilization of promotional products, etc. for the promotional business of the franchisor's business, and the month in which the business has commenced shall be calculated by the number of days and paid to the franchisor's head office.

Article 31 [Termination of Contracts by Agreement] A franchisee or a successor to a franchisee may request the franchiser to terminate the contract in any of the following cases, and the franchiser shall comply with such request unless there are any special circumstances:

3. We or franchisees any longer due to a natural disaster, significant personal reasons, etc.

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