영업금지 등 청구
1. Defendant B’s KRW 96,770,337 as well as 5% per annum from June 19, 2018 to October 24, 2018, respectively, to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company engaged in beauty service and beauty art service business, beauty art management consulting business, franchise business, etc., and operates a franchise business pertaining to the beauty art service business using the trade name, service mark, and trademark.
Defendant B is a franchisee who entered into a franchise agreement with the Plaintiff and Busan FY 3 stores (hereinafter “instant franchise store”), and Defendant C is a person who opens and operates an beauty room of the trade name “G” in F in the Busan FY-gu, the Busan FY-gu, the store of this case (hereinafter “G”).
B. From May 23, 2007, Defendant B entered the Plaintiff and worked as the Hague Baner, and on April 29, 2014, the Plaintiff entered into a franchise agreement with Defendant B with the effect that, with respect to the Plaintiff and the instant franchise store, the Plaintiff granted Defendant B the Plaintiff the right to receive management support, such as trade name, trademark, service mark license, the right to receive goods and food-related subsidiary materials, technology transfer, etc. from the Plaintiff, and Defendant B would pay the Plaintiff regular payment expenses (hereinafter “the instant primary franchise agreement”).
Article 6 of the first franchise agreement of this case provides that the term of the contract of this case shall be three years from the date when the contract becomes effective.
C. On April 15, 2015, the Plaintiff and Defendant B concluded again the instant franchise agreement with respect to the instant franchise store (hereinafter “instant secondary franchise agreement”).
The main contents of the instant secondary franchise agreement are as follows.
Article 6 (Term of Contract)
1.This Agreement shall enter into force on the date of its conclusion, and the term of the contract shall, in principle, be three years from the date of its entry into force, but may be agreed upon by a special agreement between the parties.
The business day and holidays of the franchise store under Article 24 (Business) shall be the day.