The defendant of Guan Xiaotong's milk tea shop will open the court, and many franchisees operate in many places. Some people lose more than one million

Jimu Journalist Zeng Lingzheng

Intern Wang Yanwei Zhang Xiaoqian

Guan Xiaotong's natural dull milk tea was sued by the franchisee in the case of business disputes, and the case will be held on July 8.

On June 27, Jimu Journalists obtained a complaint from the plaintiff. According to the complaint, in order to obtain regional cooperation qualifications, the plaintiff had contributed 1.68 million to the "natural" trademark owner. The opponent was prosecuted to fraud and claimed 1.68 million. Guan Xiaotong was also included in the defendant as the spokesperson. On the same day, the official Weibo official Weibo issued a statement saying that Guan Xiaotong did not participate in the company's operation. In 2021, there were media reports that in less than a year, there were about 200 stores that opened their stores, but franchisees in Beijing, Hangzhou and other places told Jimu Journalists that the business has been poor after opening the store. Million yuan ranges.

On June 27, the natural dull official website is still related to the large poster of Xiaotong (screenshot of the official website)

Franchisee sued naturally milk tea illegal authorization franchise

On June 27, the Chengdu Intermediate People's Court reported that a franchisee sued the case of illegal opening of franchise operation rights in natural dull milk tea shops, and will be held on July 8th.#6 6 6 6# In the hot search, Jimu Journalists immediately contacted the plaintiff Wenzhou Owa Catering Management Co., Ltd. (hereinafter referred to as "Ou Ge Company") and obtained the prosecution.

The prosecution showed that the type of case was a franchise dispute. The plaintiff is Ouge, and the defendant has the Shanghai to C brand management center (hereinafter referred to as "Shanghai to C"), Chengdu Natural Dian Catering Management Co., Ltd. (hereinafter referred to as "Chengdu Natural Stay") and Guan Xiaotong.

The prosecution said that the former Chengdu Natural Stay has authorized the "natural" trademark in China to Shanghai to C. In order to obtain the agency rights within Wenzhou City, on December 31, 2020, Ouge signed the "Book of Natural Regional Cooperation Intent" with Shanghai to Bingqi, and paid 1.58 million agent funds and 100,000 yuan deposit. After signing this intention, Shanghai to B must not allow others to carry out natural milk tea projects in the area.

However, after the contract was signed, the plaintiff found that Shanghai to B and Chengdu naturally did not record with the national business authorities in accordance with the law, and did not meet the implementation of the "two stores a year" that must be met in accordance with the law in accordance with the law. conditions of.

Article 7 of the "Regulations on the Management Management of Commercial Frank Management" stipulates that franchisees shall have at least 2 direct stores in franchise activities, and the operation time shall be more than one year. However, Shanghai to B was established on September 8, 2020, and Chengdu Natural Stay was established on August 18. This shows that when signing a letter of intention with Ose Corporation on December 31, 2020, the two companies were established for more than half a year.

The plaintiff Ouge believes that the defendant's two companies signed a letter of intent for regional cooperation with Ou Ge in the absence of franchise qualifications, which is illegal operation. When signing a letter of intention with Ose, the defendant's two companies did not inform him of the fact that he had no franchise permission and was fraud.

In addition, Ou Ge also believes that Guan Xiaotong's important role in the case involved in false advertisements has jointly constituted the infringement of the plaintiff with the advertisers. The two defendants were responsible for the debt of the plaintiff.

Losing a loss for half a year after opening a store is nearly one million yuan

On June 27, Ou Ge's legal person Bao Shanrong told Jiomu reporters that the natural dull milk tea shop under Ora "April 24, 2021. According to the contract, all equipment and materials in the store should be purchased from the headquarters, which is caused by the headquarters. The headquarters sent the store. "However, there was no cashier in the store on the day of the opening, and employees who sent them still asked for normal opening. Milk purchased from the headquarters also had deterioration and dating." Bao Shanrong recalled. To this end, Bao Shanrong began to investigate the franchise qualifications of Shanghai to B and Chengdu.

Bao Shanrong said that he had previously spent 1.68 million yuan to buy regional cooperation rights to obtain the exclusive agency right of natural dull milk tea in Wenzhou. However, after only one milk tea shop was opened in April, the store was closed after 6 months of operation. In addition to the previous agency funds and deposits, the losses in the process of business are close to 1 million.

"E -commerce" magazine learned from its investment in 2021 that since the first store was opened in December 2020, natural dull has opened almost 200 stores in 52 cities across the country, and the pace of expansion is rapid.

However, on June 27, Jimu Journalists contacted a number of naturally dull milk tea franchisees, and they all said that their current performance was not good.

Jimu Journalists searched in Wuhan and found that there are two natural milk tea shops in Wuhan. Among them, one of the houses on Han Street shows that they have been closed. I know that there is only one employee in the store.

A franchisee in a second -tier city in the east told Jimu News that he also paid 450,000 franchise fees in 2021. It is now nearly a year after opening the store and has lost 1.1 million due to bleak business. "Although the cost has risen, in order to increase the amount of orders in the store, the product pricing has dropped three times. I have feedback this problem with the company, but the company's strategy has not been adjusted, and the operator has been changing." The franchisee said. Mr. Wang, who opened a store in Binjiang District in Hangzhou, said that in June 2021, he added 128,000 yuan to join the fees of 120,000 to buy a store. The store had been closed at the end of March this year, and the business loss of more than 700,000 yuan.

A franchisee in Beijing also said that after 10 months of opening the store in 2021, he ended at a loss of 1.05 million. At that time, he paid 300,000 franchise fees. fee.

Chengdu naturally said that Guan Xiaotong did not participate in operation

At noon on June 27, Chengdu Natural Dianxian Catering Management Co., Ltd. stated that the case was a special operating dispute, and the acceptance and trial of the case were the normal workflow of the court. Ms. Guan Xiaotong has never participated in the company's operation and management.

The introduction of Chengdu Natural Bado still shows that the brand was founded by Guan Xiaotong with Guan Xiaotong (source: Screenshot of Sky Eyes)

Jimu Journalists were called to call Chengdu's registration phone number of naturally staying on Tianyan, but the other party claimed that the number was a private phone call and did not answer the matter related to the matter.

On June 27, the information of Chengdu Natural Stay in Tianyancha still shows that the brand was founded by Guan Xiaotong with Guan Xiaotong. The company's equity information showed that the company was indirectly held by Guan Xiaotong's father, Guan Shao, indirectly held 35 %.

According to public information, in May 2022, after Chengdu Natural Daharity had not entered into a commercial franchise contract due to the "Regulations on the Administration of Commercial Management" due to the "Regulations on the Administration of Commercial Management" within 15 days, and was fined 30,000 by the Chengdu Commercial Bureau. In March 2021, Natural Dharma was also fined 50,000 goods or service advertisements for investment in return on investment in return on investment.

After the establishment of a franchise contract, it was fined 30,000 yuan in time (source: Source: Sky Eye Check a screenshot)

Ou Ge's acting lawyer Bao Xindong said that before Ou Ge Company signed the "Book of Natural Regional Cooperation Intent" with Shanghai to B, the purpose of the contract was not realized. Essence

Regarding the responsibilities of Guan Xiaotong in this matter, some lawyers have previously analyzed the media that Guan Xiaotong is not a contract subject and did not participate in the company's management. In this dispute, Guan Xiaotong is not necessarily responsible. Considering Guan Xiaotong's father's indirect holding of the company, his income will be affected by the contract dispute. In similar cases in the past, franchisees often have high expectations for opening stores because of star blessings. It is recommended that franchisees conduct field inspections of the brand before joining to understand the weight of the stars in the brand. Whether is it a simple spokesperson or directly or indirectly participating in the brand management.

On June 27th, Chengdu naturally stayed on the official Weibo and issued a statement saying that Guan Xiaotong did not participate in the company's operation (source of the picture: the official Weibo screenshot of Natural Stay)

In this regard, Bao Xindong said: "You need to investigate whether Guan Xiaotong charges the endorsement advertising fee of the Natural Staying Company's endorsement of the milk tea shop. It is possible to find out that Guan Xiaotong used his father's name to register shareholders. "

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