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(영문) 창원지방법원 2016.07.14 2015가합34321
손해배상(기)
Text

1. Defendants C, D, and E are jointly and severally liable to the Plaintiffs for KRW 38,354,332, and Defendant C with respect thereto from October 14, 2015.

Reasons

1. Presumed factual basis

A. From February 13, 2009, Plaintiff B registered the business with the trade name of “G” and opened a restaurant. From February 14, 2012, the Plaintiffs are running a restaurant business with the trade name of “G head office” in Changwon-si, Changwon-si, Changwon-si, Seoul, and with the trade name of “G head office,” and sell the mountain remote area and the text and fishing gear.

B. On May 1, 2013, regarding “H points in Sungwon-si, Sungwon-si, the franchise agreement (hereinafter “instant franchise agreement”) on May 1, 2013 includes the following terms of the agreement:

Section 1 (Purpose) The purpose of this Agreement is to prescribe all matters relating to franchise agreements between franchisor A and franchise business operator B and to contribute to the joint prosperity development by providing for all matters relating to franchise agreements and performing them in good faith with mutual trust and cooperation.

Article 5 (Grant of Right to Use Business Sign, etc.) (1) A shall grant B the following rights under this Agreement:

1. GJ LK M M (contract Term) (2) Contracts shall be three years from May 1, 2013 to April 30, 2016;

(3) If A does not express his/her intention to B between 180 and 90 days before the expiration of the contract, a re-contract shall be deemed to have been concluded for one year.

However, this shall not apply where B raises an objection 60 days prior to the expiration of the contract.

(4) In cases falling under paragraph (3), B shall prepare a written contract with A and put his/her signature and seal thereon.

Section 8 (Payment of Franchise Fees, etc.) ① Money to be paid by B to A under this Agreement is as follows: 15,00,000 won for franchise; 4. B shall be 1% (5,00,000 won for franchise) of the net sales.

The automatic transfer shall be made in each month (10 days) using the passbook of the business operator.

(5) The regular payment referred to in paragraph (4) shall be the amount from the first day of the relevant month to the last day of the relevant month, and the first franchise business day of B shall be one day.

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