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(영문) 서울중앙지방법원 2014.01.29 2013가합511171
물품대금등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. As to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 104,153,128 and KRW 89,407,038 among them, the Defendant-Counterclaim Plaintiff’s KRW 104,153,128.

Reasons

1. Basic facts (the combination of a principal lawsuit and a counterclaim);

A. The Plaintiff as a party is a corporation that imports and distributes high-priced line and descriptive test products in a foreign country. The Plaintiff is a company that engages in the franchise business of an inner store that sells glass, contact lensess, and Anchoscopes, etc. (hereinafter collectively referred to as “anchoscopes, etc.”) with the brand from 2011.

The Defendants enter into a franchise agreement with the Plaintiff solely or jointly to operate a franchise store, as seen below, on May 2, 2011 and November 8, 2011, and are supplied with safe goods, etc. from the Plaintiff.

B. On May 12, 2011, the Plaintiff and Defendant B, using the franchise agreement between the Plaintiff and the Defendant B (hereinafter “Class 1 franchise agreement”) and the name of “E” or “F” in the English language as of May 12, 2011, H points (hereinafter “Class 1 franchise store”) in Daejeon-gu, Daejeon by May 12, 2013.

(2) Of the franchise agreement (No. 1; hereinafter referred to as “the first franchise agreement”) prepared at the time of the first franchise agreement, the Plaintiff and Defendant B determined that the franchise fee would not be paid. (2) The content of the instant agreement related to the instant case is as follows:

Article 4 [Matters to be Observed by Parties] (1) A (the plaintiff, hereinafter the same shall apply) shall comply with the following provisions for E franchise business:

3. Installation of store equipment and supply of goods or services at reasonable prices and expenses;

5. Continuous advice and support for the management and business activities of Eul (member shop, Defendant B, hereinafter the same shall apply) (hereinafter the same shall apply) (1) see the detailed details of franchise expenses: Information disclosure statement;

1. Subscription fees for membership fees means fees, such as permission for the use, etc. of the franchise license of Eul to operate the franchise store of Gap under this contract, and Eul shall pay 8.8 million won to Gap at the same time as this contract is concluded;

This costs are not returned.

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