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(영문) 의정부지방법원 2015.07.23 2014나53395
손해배상(기) 등
Text

1. Of the judgment of the first instance court, KRW 76,60,666 against the Plaintiff and its related amount from May 22, 2014 to July 23, 2015 against the Defendant.

Reasons

1. Basic facts

A. On July 23, 2011, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, whereby the Defendant entered into the Defendant’s franchise agreement to operate op range C as a franchise owner for five years from August 7, 2011 to August 6, 2016 (hereinafter “instant franchise agreement”). The main contents of the agreement are as follows.

Article 7 (Terms and Conditions of Management Principle)

1. In order to be recognized as a business owner’s qualification for operating “7-ECEVN”, a whole course of education under the provisions of Article 12 must be completed, and the store to be operated should be established through prior consultation with the company.

Article 12 (Education)

1. The Company shall provide the management owner with the education set forth in paragraph 2 for the management of the 7-ELVN point, and shall be entitled to the qualification of the franchisee only if the management owner completes the whole course of the education at a certain level and has completed it and has received a certificate of completion from the Company.

Article 17 (Provision of Security for Management Principle)

1. The owner of a business shall provide the company with one or more units of (real estate) collateral security, (mortgaged) collateral security, or surety insurance equivalent to the cost of the business, to secure all liabilities incidental to this contract or any other contract, and the costs incurred in the creation of a collateral shall be borne by the owner of the business;

2.The security offered in accordance with paragraph 1 above shall meet the criteria for the assessment of the company's security and the owner of the security shall always maintain the level at which the value of the security offered is first established.

Article 23 (Prohibition of Side Business Hours and Concurrent Business)

1.The owner shall, in principle, engage in the business for 24 hours a day during the duration in which this contract is in existence in order to meet the consumer expectations for 7-ELVN.

Article 26 (Remittance of Sales Funds)

1. The owner of a business shall designate a bank account or a company designated by the company, with the total daily sales, price reductions, purchase incentives, and other miscellaneous revenues received by the owner of the business;

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