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(영문) 서울서부지방법원 2017.10.17 2016나35691
보증금반환
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the money that orders the following payment concerning the counterclaim.

Reasons

[Seed by the combination of principal lawsuit and counterclaims]

1. Basic facts

A. The Defendant is a person who runs a franchise business that sells the stech in the trade name of “C,” and the Plaintiff is a person who, after entering into a franchise agreement with the Defendant, operated the “C GwangjuD store” in the Seo-gu of Gwangju (hereinafter “instant restaurant”).

Article 1 (Matters concerning Granting Right to Use Business Signs) (4) Where a defendant fails to hold a trademark right due to unavoidable grounds (such as expiration, etc. of the term of validity), or modifies a business mark to increase common interests of both the defendant and the franchise store operators, he/she shall notify the plaintiff of the relevant fact 20 days prior to the date the relevant

(A) Article 2 (Matters concerning the payment of franchise, educational expenses, and deposit) ① The Plaintiff shall pay to the Defendant the franchise (10 million won, VAT level), educational expenses (10 million won, VAT level), deposit (10 million won, and VAT level) at the time of concluding the contract.

(3) A security deposit shall guarantee the performance under a franchise agreement and the payment of debts or damages.

When a contract expires due to the expiration or termination, the remaining amount after offsetting the deposit with the settlement statement shall be returned immediately from the date on which the plaintiff implemented measures after the termination of the contract (Article 13).

Article 5 (Matters concerning Establishment of Business Base Area) (1) The Plaintiff’s business base area shall be set at a 300-meter radius (excluding special commercial rights, such as department stores in the relevant business area).

Article 6 (Matters concerning Conditions on Business Activities of Franchiseess) (2) The procurement and management of goods.

2. An order for goods shall, in principle, be issued two times a week, and the price for goods shall be ordered after making a prior payment to the defendant;

5. The Defendant may not demand the Plaintiff to order the cost higher than necessary, but on the other hand, the Plaintiff must always keep inventory of at least 10% of the average monthly required quantity in the franchise store, and make a full order for inventory management, such as making a periodic order in advance so that it can be operated smoothly.

(9) C.

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