beta
(영문) 서울동부지방법원 2015.09.24 2013가단42763

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) KRW 4,000,000 against the Plaintiff (Counterclaim Plaintiff) and its amount from August 15, 2013 to September 24, 2015.

Reasons

1. Basic facts

A. From around 2002, Defendant A entered into a franchise agreement with the Plaintiff, and operated “Mexico D’s store” in 9m2 in Dongdaemun-gu Seoul Metropolitan Government C apartment store. The franchise agreement has been continuously renewed. The main content of the franchise agreement (hereinafter “instant franchise agreement”) on June 7, 2012, which is the most renewed contract, is as follows.

(The following terms and conditions of the contract have used the expression of the instant franchise agreement as it is, and thus, “A” and “B” refer to Defendant A). Article 9 (Contract Period) A and “B” refer to two years from the date of conclusion.

Article 11 (Business Area) (1) A does not assign exclusive and exclusive business area to B.

(2) A may establish a new direct management store and franchise store, regardless of any region, at the judgment of A.

Article 14 (Rotterdam, Facilities, etc.) (1) Eul shall install all kinds of facilities, such as interior decorations, kitchen facilities, outdoor advertisements, and indoor fixtures, which are necessary for the operation of the franchise store (Mexico) determined by Gap at his/her responsibility and cost.

Provided, That the design and construction shall be made according to the specifications determined by A in order to improve the image of the brand of the franchise business and maintain uniformity.

(3) If necessary for the improvement of franchise business, A may request the replacement and repair of interior decorations, facilities, and various equipment of a store.

In such cases, expenses shall be borne by B in principle, and may be consulted with A on the sharing of expenses.

Article 21 (Disposition and Management of Goods, etc.) (1) In principle, Eul shall be supplied with goods and goods necessary for its own business from Gap's brand to maintain the unity and originality of Gap's brand.

Provided, That the scope of goods and goods to be supplied shall be determined through consultation with A and B in consideration of the purpose of the franchise business.

Article 22 (Scope of Defects and Liability for Goods) (1) Goods B.