Judged!Franchise store runs, the brand Fang "Cong Cong Baby" is responsible for 30 % of the responsibility

Consumers buy the services of early education institutions because they value the brand, but have encountered the suspension of franchise stores. Do the brand need to take responsibility?

Source ｜ China Consumer News

Author ｜ Liu Hao

Edit ｜ Zhang Runqi

Consumers buy the products and services of early education institutions because they value the brand, but they encounter the dilemma of franchise stores and difficult refunds. In this case, does the brand need to take responsibility? Recently, the Shanghai First Intermediate People's Court's Junior Family Gallery tried such a case together. In the end, the second trial maintained the original judgment, rejected the brand's claim that the brand did not need to be responsible. 30%supplementary compensation liability.

The reporter learned that Lebao is an early education institution, joining the well -known early education brand "Congcong Baby", and it is also "Congcong Baby" to the outside world. In September 2019, Mr. Li reported the courses of this early education institution for the two -year -old son and signed the Counseling Contract Book with him. 10500 yuan. In January 2020, Lebao issued the "Notice" stating that the start plan scheduled for the new semester after the Spring Festival holiday was suspended, and all service items were suspended at the same time. Parents were requested to provide tuition payment vouchers for refund operations. According to statistics, Mr. Li still has 50 class hours at 6,731 yuan.

However, at this time Lebao was unable to refund, and Mr. Li and other parents also found that Lebao did not have the qualification to start a childcare business. Mr. Li said that because of the well -known early education brand of "Congcong Baby", he encountered a situation where franchise stores were closed and had difficulty in retreat. The company sued the court together.

In the first instance, Mr. Li proposed to lift the education and training contract with Lebao Company, and returned the curriculum fee of 6731 yuan. Essence

The court of first instance found that in March 2016, the "Congcong Baby" company signed the "Cooperation Agreement" as Party A and Lebao as Party A. Products, corporate signs and proprietary technologies, business models, VI image design, etc., are awarded Party B for use in the form of agreement; Party B is engaged in normal business activities and pays the corresponding costs to Party A ... ". After signing the contract, the "Cong Cong Baby" company received a one -time franchise fee of Lebao 309,000 yuan. During the agreement period, the annual management fee was charged by 18,000 yuan.

It is also found that Lebao Company did not indicate the real name and mark of franchisees or franchisees and franchisees in the store involved, and Mr. Li was not informed of his franchise store when he signed the contract. During the trial, the "Cong Cong Baby" company stated that he did not know about this and did not check, supervise or manage.

The court of first instance believes that due to Lebao's suspension of business, Mr. Li asked to terminate the contract. Lesbao should refund the remaining curriculum fees. Mr. Wang, the only shareholder of Lebao Company, cannot prove that the company's property is independent of its personal property and shall be liable for liability for debt. The "Cong Cong Baby" company and Lebao did not make a special explanation to Mr. Li's independence of the business subject. The "Congcong Baby" company also had a certain degree of supervision and supervision of faults. The franchise has obtained certain benefits, so he should bear the corresponding compensation liability for Mr. Li's losses.

Based on the situation of this case, the "Congcong Baby" company shall not be settled for 30%of the supplementary compensation liability for the debt of Lebao's debt.

"Cong Cong Baby" believes that it is a franchise relationship with Lebao. After joining, the "Cong Cong Baby" company will supervise the franchise stores a certain amount of supervision, but due to the limits of objective conditions, the company cannot achieve the degree of inspection of offline inspections across the country. Publish announcement information and conduct corresponding supervision. Franchful business relationships, there are corresponding laws, administrative regulations and agreements to restrict, and cannot be required to take more responsibilities. Therefore, an appeal to the Shanghai No. 1 Intermediate People's Court asked to change the "Cong Cong Baby" company without being responsible for the debt of Lebao.

The Shanghai No. 1 Intermediate People's Court believes that as a brand authorization of the daily signing, operating conditions and changes in shareholders of the store, and the change of shareholders, the "Congcong Baby" company obviously failed to fulfill its full management and control of shareholders' changes. Its brand supervision duties failed to guide consumers to comprehensively and rationally understand the brand, thereby effectively identifying different subjects such as the brand authorization party and actual operators, and then evaluated the content and risks involved in the consumer behavior. Maintain the original judgment.

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