(영문) 서울중앙지방법원 2015.09.17 2015가단70790

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(영문) 서울중앙지방법원 2015.09.17 2015가단70790

약정반환금

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1. The Defendant shall pay KRW 33,00,000 to the Plaintiff at the rate of KRW 20% per annum from April 25, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 31, 2013, the Plaintiff entered into a franchise agreement with the Defendant with the following content (hereinafter “instant agreement”).

(1) Purpose: The main purpose of this Agreement is to clarify all necessary matters in the Plaintiff’s consent to sell products provided by the Plaintiff or designated by the Plaintiff to the Defendant using the Plaintiff’s trade name, thereby preventing disputes and promoting the development of both parties’ business in cooperation.

(2) Contract term: The contract term shall be effective from the date on which both parties sign and seal, and the contract term shall be two years from the date of commencement of the business.

(3) Store facilities: The allocation of the defendant's store facilities, including interior services, to the defendant, including interior services, shall be conducted and constructed by the company designated by the plaintiff in order to maintain the unity and originality of the whole franchise store. The bearing of the expenses shall be governed by the agreement agreed separately between the plaintiff and the defendant in consideration of advertisement, publicity

B. The Plaintiff and the Defendant, at the time of concluding the instant contract, prepared the following additional terms agreement:

(1) The contract period: (2) the human test cost shall be fully borne by the defendant, and 60% of the human test cost shall be subsidized as us.

However, if the contract is terminated within the contract period due to a cause attributable to the defendant, the defendant will compensate for the expenses incurred in the test of the plaintiff under the following subparagraphs:

(1) Where a contract is terminated within one year from the date of the contract, the defendant shall reimburse the full amount of the test that the plaintiff provided.

(2) Where a contract is terminated after one year has elapsed from the contract date, the defendant shall deduct the total amount of interior expenses provided by the plaintiff on a daily basis.

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