(영문) 광주지방법원 2017.01.20 2015가합59384

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(영문) 광주지방법원 2017.01.20 2015가합59384

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation with the purpose of manufacturing, distributing, processing, and selling fishery products. Defendant C is the representative director of the Defendant Company, and Defendant D is an employee of the Defendant Company.

B. On September 30, 2014, the Plaintiff concluded a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant Company regarding the franchise restaurant business under the name of “E” (hereinafter “instant business”).

On the same day, the plaintiff seems to mean the money that the franchise store (local branch office) pays to the franchisor (Defendant Company) when concluding the franchise fee.

However, in the instant franchise agreement, as seen below, the term “franchise fee” is mixed with “franchise fee,” the two are used as it is in accordance with the Plaintiff’s assertion.

40,000,000 won was paid, and as F and Dong businesses from November 14 of the same year, the operator opened and operated the instant restaurant (hereinafter referred to as “E”) with the trade name “E” in Seo-gu, Seo-gu, Gwangju.

Article 3 (Term of Contract) Continuous contractual relationship shall be maintained.

Article 4 (Authority and Duties of Local Branch Offices)

1. The defendant company shall approve that regional branch offices independently conduct the business of opening a franchise store for the defendant company;

2.Local branches shall provide all support necessary for the establishment of franchise stores of defendant companies falling under any of the following subparagraphs:

Support for the opening of solicitation of franchise stores

(b) Education and training of chain stores (education, etc. in open stores);

(c) Other matters related to the establishment and operation of the Defendant Company, upon the request of the Defendant Company, shall carry out in good faith the obligations on the following matters:

All fees related to the establishment of local branch offices shall be paid from the local branch offices within ten days from the contract date to the defendant company.

The items of payment are 50% of the franchise for the establishment of franchise.

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