(영문) 의정부지방법원고양지원 2014.08.22 2012가단19010

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(영문) 의정부지방법원고양지원 2014.08.22 2012가단19010

권리금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into a franchise agreement (hereinafter “instant convenience agreement”) with the non-party company for five years from August 7, 201 to “C convenience stores (hereinafter “instant convenience stores”)” (hereinafter “instant franchise agreement”) with the non-party company and the non-party company for five years from August 7, 2011.

2) The Defendant concluded a lease contract with Nonparty D with respect to 2, and 3 (hereinafter referred to as “instant shopping mall”) located in Yongsan-gu, Yongsan-gu, Busan-si (hereinafter referred to as “the instant shopping mall”) for the instant convenience store operation, with the content that the lease deposit is KRW 14,000,000, monthly rent is KRW 1,200,000, monthly rent is KRW 1,200, and the lease term is from September 30, 201 to September 30, 201, and operated the instant convenience store in the instant shopping mall.

3) The main contents of the instant franchise agreement are as follows. A) The Defendant is supplied goods with preferential credit from the non-party company during the contract period, and if the sales proceeds are paid in full to the non-party company after selling the goods to the consumer, the non-party company shall settle the sales proceeds from the deposited sales proceeds after deducting the amount of credit payment and various expenses from the sales proceeds

Meanwhile, as of March 2012, credit payment related to the instant convenience store is KRW 12,235,431.

B) At the time of the conclusion of the instant franchise agreement, the non-party company paid KRW 44,00,000 to the Defendant as additional subsidies. If the instant franchise agreement remains in force by the lapse of five years, the Defendant did not have an obligation to return the above additional subsidies to the non-party company, but if the instant franchise agreement is terminated, the Defendant shall return the full amount of KRW 44,00,000 to the non-party company. (C) At the time of the instant franchise agreement, the Defendant would make the non-party company as the insured to secure the implementation, etc. of the instant franchise agreement, and shall make the total amount of KRW 108,00,00

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