(영문) 창원지방법원 2016.01.27 2015가단7520

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(영문) 창원지방법원 2016.01.27 2015가단7520

손해배상(기)

Text

1. The defendant 19,568,257 won to the plaintiff and the plaintiff

(a) From November 20, 2014 for KRW 18,568,257 among them:

(b) one of them;

Reasons

1. Facts of recognition;

A. The defendant is a person who runs franchise business, etc. using the business mark "Bagy" and constitutes "franchise business" under the Fair Transactions in Franchise Business Act (hereinafter "Franchising Business Act").

B. On September 13, 2013, the Plaintiff is a “franchise” who entered into a franchise agreement with the Defendant on the “Bagb Store B” (hereinafter “instant franchise agreement”) with the term of the contract from September 13, 2013 to September 12, 2014, setting the term of the contract from September 13, 2013.

C. The provisions pertaining to the instant franchise agreement concluded between the Plaintiff and the Defendant are as follows.

- Future - Article 15 (Initial Franchise Fees)

1. The plaintiff shall pay to the defendant the franchise expenses, royalties, goods deposit, etc. pursuant to the table (1) at the time of concluding the contract.

2. At the time of the initial franchise agreement, the Plaintiff shall pay the franchise fee to the Defendant for any of the following costs in accordance with the information disclosure statement or the criteria presented by the Defendant:

Provided, That where the defendant and the plaintiff have consulted separately with the defendant, the total amount of the franchise may vary.

The refund of part at the time of termination of the opening of the store within 10 days after entering into the contract of non-high group (14,200 franchise) of the reasons for which the terms of return of the time limit for payment can not be returned: Provided, That when the contract is concluded and the contract is concluded for the goods of intellectual property to be returned to the franchisor in accordance with the number of remaining 60 days after entering into the contract of 1,980 and no obligation is payable at the time of termination of the contract, the refund shall be made within 100% of the total amount of the expenses incurred to recruit the store before entering into the contract of 3,300 and no refund shall be made at the time of termination of the contract after entering into the contract of 3,300 and no refund shall be made at the time of termination of the contract.

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-가맹사업거래의 공정화에 관한 법률

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