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(영문) 수원지방법원안산지원 2016.10.13 2015가합21070
위약금 등 청구의 소
Text

1. The Defendant’s KRW 18,200,000 for the Plaintiff and the following: 5% per annum from July 10, 2015 to October 13, 2016, respectively.

Reasons

1. Basic facts

A. C (Before opening the name) is a person registered as the representative of a restaurant franchise business that sells chickens, etc. as the trade name of “E” and the business mark of “F” from September 28, 2010.

Around December 26, 2011, the Defendant entered into a franchise agreement with E to operate “G store” using F’s business marks, etc. (No. 10 certificate; hereinafter “instant agreement”). At the time of entering into the agreement, the Defendant received an information disclosure statement containing the overall information on the franchise agreement and the franchise business at the time of entering into the agreement.

Article 7 (Period of Contract and Renewal) (1) This contract shall take effect from the date of conclusion of the contract and shall take effect for two years.

However, in case of renewal, the contract shall be extended every two years.

Article 15 (Payment of Price for Heat and Supply Products) ① (1) B (Defendants of franchisees; hereinafter the same shall apply) shall transfer Party A’s monthly royalties (1% of monthly sales (POS Standards) to Party A’s account or designated account by Party A for the use of business marks, other intellectual property rights, etc. owned by Party E (franchise E; hereinafter the same shall apply).

Article 21 (Business Standardization, Handling Items, and Sales Price) (1) B shall comply with the operation guidelines, manuals, etc. of franchise stores presented by A for the unity and standardization of franchise business and shall endeavor to maintain the reputation of A.

(2) Eul shall comply with the appropriate quality standards for goods and services presented by Gap, and shall sell only Me New Zealand approved by Gap, which does not impair the unity of franchise business, to customers.

In addition, Eul's prior written approval should be obtained in the event of changing the main contents of new or business activities to be handled.

Article 22 (Raising and Management of Supplys, etc.) (1) A shall provide B with the following supplies for the purpose of maintaining the unity of F brand by designating itself or a collaborative entity:

However, A.

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