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(영문) 창원지방법원마산지원 2015.01.16 2014가단6674

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a franchise agreement with the Defendant and is a franchise store operator who sells the goods of the Defendant Company in Changwon-si, Changwon-si B (hereinafter “C store”), and the Defendant is a franchisor established for the purpose of manufacturing and selling ginseng varieties and ginseng products.

B. On December 1, 2004, the Plaintiff entered into a new contract with the Defendant on December 1, 2004, with the term until November 30, 2007, with respect to Red ginseng E points (hereinafter “E points”) as stipulated in the articles of incorporation, and entered into the first franchise agreement on December 29, 2007, December 1, 2009 (after relocation to C), December 1, 201, and December 1, 201, and December 1, 201, and December 1, 201, 201, respectively, with the Defendant to designate the Plaintiff’s business area centering on the location of the Plaintiff’s franchise store. However, in the first contract, the Plaintiff’s exclusive franchise agreement was not established when the Defendant wishes to establish the Plaintiff’s business area, and the Plaintiff’s exclusive franchise agreement was not established on December 1, 2009, and the Plaintiff’s exclusive franchise agreement was not established.

C. During the Plaintiff’s operation of a franchise store, the Fair Transactions in Franchise Business Act (amended by Act No. 8630 of Aug. 3, 2007 and enforced from Feb. 4, 2008; hereinafter “former Franchise Business Act”) was amended to the effect that where a franchisor notifies a franchisee of the fact that the franchisor does not exclusively establish an exclusive business area through an information disclosure statement and enters into a contract with the franchisee, the franchisor may establish a direct store within the franchisor’s business area.

Accordingly, the defendant on August 4, 2008.