가맹계약 존속 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a motor vehicle manufacturer and seller, and is a company that engages in franchise business for follow-up management, general repair, D member buses, and various service goods to customers who purchased the vehicles produced and sold by the Defendant. Around 2002, the Plaintiff entered into an agreement with a designated maintenance business entity with respect to the said E business from around 2006 to enter into a franchise agreement for the said E business (hereinafter “instant franchise agreement”).
B. The Plaintiff and the Defendant continued to renew the instant franchise agreement on a one-year basis after entering into the instant franchise agreement around November 13, 2017 and renewed the franchise agreement on November 13, 2017, and concluded the instant franchise agreement on November 13, 2018.
On the other hand, the main contents of the instant franchise agreement are as follows.
Article 54 (Renewal of Contract) (1) Where the defendant fails to give written notice to the plaintiff that he would not modify the terms and conditions of contract or renew this contract between 180 and 90 days before the expiration of the contract period, the contract shall be deemed to have been concluded again under the same conditions as before the expiration of the contract.
(2) Where it is impracticable to continue the franchise business transactions under this contract due to the occurrence of any of the following causes, the renewal of this contract may be refused:
3. In the event that matters necessary for C operation are not carried out by the Plaintiff, set forth in Chapter II of this Agreement, the level of business and service, etc., or the Plaintiff failed to obtain the necessary qualification license and license under the law, Article 4 (Duties and Obligations of the Plaintiff) (1) The Plaintiff must faithfully provide E to the customer who found his/her business place.
Article 13 (Level of Services) (1) The Plaintiff shall provide the customer with services in accordance with the customer's standard set by the Defendant.
B. G, who is an employee of the Plaintiff’s water reservoir, was produced by the Defendant on July 5, 2018.