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(영문) 서울중앙지방법원 2016.03.29 2014가합582583
계약해지 등
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 3,996,511 as well as the full payment from November 13, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is a franchiser that engages in franchise business for the sale of cro pockets in the name of "C", and the plaintiff is a person who entered into a franchise agreement with the defendant.

B. On March 24, 2014, the Plaintiff and the Defendant entered into the franchise agreement (hereinafter “the instant agreement”) with the Defendant on March 24, 2014, and the main contents thereof are as follows. Article 2 (Matters concerning the payment of franchise expenses, educational expenses, and deposit) of the franchise agreement (hereinafter “Plaintiff”) ① (the “Plaintiff” refers to KRW 5 million, VAT separate), educational expenses (2 million, VAT separate), deposit (2 million won, and VAT separate), shall be paid to A (hereinafter “Defendant”).

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

2. The order for goods shall be placed two times a week in principle, and the price for goods shall be ordered after making a payment in advance to A, and the cost for home delivery shall be paid in advance;

4. The supply prices of goods supplied by cooperation enterprises of Gap or Gap shall be determined by cooperation enterprises of Gap or Gap, and the supply prices may be dynamic according to the market conditions;

However, if it is deemed that the price B is unfair, it has the right to present the supporting material in writing and request the correction of the price, and the final decision shall be determined by mutual agreement between the parties.

5. A is not required to require B to order more than necessary raw or auxiliary charges, but B must always keep a stock of at least 10 per cent of the average monthly required quantity within the franchise store and take part in inventory management, such as ordering regularly in advance so as to ensure smooth operation.

(4) Restrictions on the sale of Qua New Markets

2. A is changed to B by efforts to enhance the competitiveness of the entire franchise business, if necessary, due to changes in the business environment, such as improvement of franchise business, changes in customer business, market conditions, and appearance of competitors, in addition to the note designated before the opening point.

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