logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.02 2015가단5005708
위탁금반환 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 1 to 5 and 8, together with the whole purport of the pleadings:

Defendant C established on July 7, 2014, Defendant B (hereinafter “Defendant C”) that operates a healthcare business, etc. with the trade name “B”, and Defendant C’s child.

B. On April 23, 2014, the Plaintiff entered into a franchise agreement with D on behalf of the Defendant Company and the term of the contract from April 24, 2014 to April 23, 2019 (hereinafter “instant franchise agreement”). The main contents of the agreement are as follows. Article 2 (Matters concerning the payment of franchise fees, educational expenses, and deposit money (the Plaintiff’s end) of the franchise agreement (the Plaintiff’s end date) shall be paid to A (the Defendant Company’s end date) at the time of entering into the agreement. Article 6 (Matters concerning the terms and conditions of business activities of the franchise operator ① Business facilities and equipment, etc. are installed.

1. The term "B" means all items necessary for the opening and operation of a franchise store (hereinafter referred to as "business facilities and equipment") such as signboards, interiors, etc.;

The business facilities and equipment of "B" shall be installed and purchased in accordance with the manuals and specifications determined by "A" so as to maintain the unity and originality of the whole franchise business.

2. “B” may directly install/purchase business facilities/house equipment.

In such cases, "A" shall dispatch and supervise employees for the smooth progress of construction works and installation, and shall pay supervision expenses of 3.3 square meters per 3 square meter (200,000 won, and VAT separate) to "A".

3. - Deleted. -

4. If “A” is not equipped in accordance with the standards set out in “A”, “A” may withhold the outline of “B”.

11. The term "B" in the payment of royalties shall be the royalties (the amount equivalent to 8% of the monthly sales and the VAT separate) equivalent to the cost of the use of the business mark, the management of the franchise store, etc.

arrow