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(영문) 서울서부지방법원 2016.07.08 2016가단212312
보증금반환
Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 15,730,000 to the Defendant (Counterclaim Plaintiff) and the interest thereon from April 6, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 6, 2015, the Plaintiff and the Defendant entered into the instant franchise agreement (the instant franchise agreement) with respect to Gwangju D (Seoul-gu), which is a ice professional gial gial gran, Gwangju D (Seoul-gu).

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

- Term of contract: from January 6, 2015 to January 5, 2018 (three years) - franchise expenses, no education expenses, security deposit of 10,00,000 won - A security deposit shall guarantee the performance of obligations and payment of damages under a franchise agreement.

When a contract expires due to the expiration or termination, the remaining amount after offsetting the deposit with the settlement statement shall be immediately returned from the date on which the plaintiff takes measures after the contract is terminated (Article 2(3)). - The Plaintiff’s business base area shall be set at 300 meters in a straight line.

The defendant does not establish a direct station or another franchise store of the defendant or defendant's affiliated company within the business hub area of the plaintiff (Article 5 (1)) (Article 5 (1)). The goods order shall, in principle, be placed twice a week, and the goods price shall be ordered after making a prior payment to the defendant.

(Article 6(2)2) - The defendant shall not demand the plaintiff to order the cost or absence fees exceeding necessary, but the plaintiff shall always keep inventory of at least 10% of the average monthly required quantity in the chain store and make it possible to operate it smoothly, and shall complete inventory management by making a regular order in advance.

(Article 6(2) 5. - C’s Q New Technology, Raw Materials, Operation System, Design, etc. shall not allow the plaintiff and the plaintiff to operate the same type of business or to run the same franchise business for the period specified in Article 10(1) and (2) (Renewal of the Contract) of the Contract as trade secrets or business know-how developed by the defendant through considerable time and expenses, effort for research and development, etc., or multiple mistakes of implementation. (Article 6(9)) - The plaintiff shall not operate the same type of business or operate the same business (Article 6(9)).

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