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(영문) 서울남부지방법원 2015.03.20 2013가합18678
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.

2. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant) A.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The defendant is a company that runs a franchise business (hereinafter “the franchise business of this case”) with the trademark “D”.

The Plaintiffs are franchisees who have entered into each of the following franchise agreements with the Defendant (hereinafter referred to as “instant franchise agreements”), respectively:

1) The franchise agreement between the Plaintiff A and the Defendant (hereinafter “EN franchise agreement”).

(E) Contract date: The contract period on February 12, 2013: from February 12, 2013 to February 11, 2015: the location of a store: Nowon-gu in Seoul Special Metropolitan City (hereinafter “E store”).

At the time, Plaintiff A paid the Defendant the franchise fee of KRW 5 million, KRW 2 million for educational expenses, KRW 3.5 million for sales promotional expenses, and KRW 5 million for deposit. 2) The contract date between Plaintiff B and the Defendant (hereinafter “G franchise agreement”): the contract period on August 30, 2012: between August 24, 2012 and August 23, 2014: At the time of Seocho-gu Seoul International Underground Store (hereinafter “G store”): Plaintiff B paid the Defendant the franchise fee of KRW 5 million, KRW 2 million for educational expenses, KRW 14 million for sales promotion expenses, KRW 3 million for sales promotion expenses, and KRW 5 million for sales promotion expenses.

3) The franchise agreement between the Plaintiff C and the Defendant (hereinafter “H franchise agreement”).

() Contract date: The contract period on January 5, 2013: from January 5, 2013 to January 4, 2015: Mapo-gu Seoul Mapo-gu J (hereinafter “H store”)

(2) At the time, Plaintiff C paid the Defendant the franchise fee of KRW 5 million, KRW 2 million for educational expenses, and KRW 100 million for the premium, and deposited KRW 5 million for the premium. B. From October 6, 2013 to October 30, 2013, Plaintiff A operated a business by changing “K” to a trade name, and Plaintiff B sold G store facilities to L around December 30, 2013. Plaintiff C operated H points by changing the H points to “M,” and on April 22, 2014, transferred the said store to N on April 22, 2014. [In the absence of any dispute over the grounds for recognition, each entry in evidence No. 1-1, 2, 3, A, 11, 14, and 15, and 24, 25, 25, 25, respectively.

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