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(영문) 광주지방법원 2018.05.31 2017나62623
약정금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. On April 11, 2014, the Plaintiff entered into a restaurant franchise agreement (hereinafter “instant franchise agreement”) with C (the name of business registration: D; hereinafter “franchise”) and run the restaurant E (hereinafter “instant restaurant”). The main contents of the instant franchise agreement are as follows.

C The scale of the E-store store in the name of the E-store store in Article 4 of the Magpopo-gu franchise agreement (No. 3) is 108 square meters in size, Seo-gu, Gwangju F1, in which the Plaintiff establishes under this Agreement, shall be as follows:

Section 8. The term of the contract and (1) The term of this contract shall enter into force on the following day of the date of the execution of this contract, which shall be two years after the date of the execution of this contract and shall be one year upon the renewal or renewal

(1) In order to maintain the unity and originality of C high-fin brand, the Plaintiff shall be supplied with the goods specified in this Agreement by the franchisor or any enterprise designated by the franchisor, and shall not purchase the goods without prior written approval of the franchisor.

Expenses incurred in the renewal of a contract under a special agreement under Article 48 shall be KRW 250,000 per week each week for later exemption from the franchise expenses for consultation.

The selection of sites shall be determined after consultation with the Gwangju branch office.

B. On April 11, 2014, as stipulated in the instant franchise agreement, the Plaintiff entered into a contract with the Defendant to supply goods for logistics necessary for “E stores” (hereinafter “instant goods supply contract”). The main contents of the instant goods supply contract are as follows.

The main contract term of Article 3 of the Logistics Supply Contract (Evidence 1) is attached to the instant franchise agreement. As such, the term of this contract is the same as the term of the instant franchise agreement, and the term of this contract is terminated upon the termination of the instant franchise agreement even during the term of this contract.

Article 4 (Deposit for Contract Performance) The plaintiff shall be the defendant's performance of this contract and the price for goods purchased from the defendant.

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