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(영문) 울산지방법원 2017.09.06 2017나22025
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a franchisor as stipulated in the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) that engages in franchise business, such as allowing the Defendant to sell ice pictures, ices, coffees, etc., supporting the management and business activities, providing education and control on such business management and business activities, receiving franchise fees in return.

B. On August 13, 2015, the Plaintiff entered into a franchise agreement with the Defendant to run the “B store” (hereinafter “instant franchise agreement”) with the term of two years (hereinafter “instant franchise agreement”).

The main contents of the instant franchise agreement are as follows.

Article 2 (Definitions of Terms)

1. A franchise agreement refers to a contract under which the Defendant permits the Plaintiff to use his own trademark, service mark trade name, signboard, or other business marks (hereinafter referred to as “business marks”) in compliance with certain quality standards and business methods, and concludes a certain control and support in connection with the Plaintiff’s franchise store operation, and the Plaintiff agrees to pay a franchise fee in return for the permission for use of business marks and support for business activities and pay a certain control of the Defendant

3. The term "franchise" means money paid by the plaintiff to the defendant for the consideration of the plaintiff's participation in franchise business, such as the use of intellectual property rights, such as the defendant's trademark, the consideration for the use of manuals, permission, etc., and other information for the opening

4. The term "deposit" means money that the plaintiff pays to the defendant to secure the plaintiff's performance of this contract, obligation such as price for goods, or payment of damages, etc., and is money to be returned to the plaintiff after settlement at the end of

Article 4 (Indication of Member Shops) The indication of member stores to be established by the Plaintiff under this Agreement shall be as follows:

1. The seat of the chain store: C. When the racing is held;

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