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(영문) 전주지방법원 2017.06.16 2015가단27011
사용료
Text

1. The Defendant’s KRW 31,252,370 as well as the Plaintiff’s annual rate of 6% from March 7, 2017 to June 16, 2017, and from June 17, 2017.

Reasons

1. Basic facts

A. (1) On March 24, 2014, the Plaintiff entered into a “D franchise agreement” with the Defendant to operate the “D pre-sale store” at a store of approximately 80 square meters of the size of 30, 2014 (Evidence A 1). (2) On March 24, 2014, the Plaintiff entered into a branch agreement with the Defendant and the Defendant on the part of the Plaintiff with the content of the Plaintiff’s business of attracting member stores in the south-west area of E (Seoul-do) operated by the Defendant and the Defendant (hereinafter “Seoul-do branch agreement”), and the main contents are as follows:

(A) According to the results of the written appraisal by the appraiser F for evidence Nos. 2 and 3, the writing recorded in the “Plaintiff’s address, company name, representative, and contact information” in the evidence No. 3 can be recognized as having the same written facts as the evidence No. 2, and the authenticity of the evidence No. 3 may be recognized.). Article 2 / [the content of the contract] / [1] Article 2 / [the contents of the contract] ① In entering into a branch contract with the Defendant, the Plaintiff shall deposit KRW 70,000,000 to the head office after the establishment of three member stores in the south area.

The deposit shall be refunded to the Plaintiff upon termination of this contract.

② In order to carry out the business under a contract with the Defendant, the Plaintiff has a duty to faithfully perform the contract with the Defendant by furnishing the self-operating organization and cooperation company, and also has a duty to faithfully comply with the Defendant’s management policy, instruction, and supervision.

6. The defendant shall pay to the plaintiff an amount equivalent to 50% of the new franchise store fees when attracting new franchise stores, as agreed with the plaintiff.

In addition, the plaintiff in relation to the spores in the Honam area shall receive 30 won per case directly from the defendant's contracting company every month.

7) When attracting a new franchise store as agreed with the Plaintiff, the Defendant shall transfer to the Plaintiff KRW 10,000,000 from among the revenue from the interior of the head office, KRW 12,000,000, KRW 15,000 from the third place, and KRW 15,00,000 from the third place.

(9) The defendant shall establish a new chain store in the south area, as agreed with the plaintiff.

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