영업금지 등 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company established around April 8, 2014 for the purpose of glutinous rice, rice, retail rice, and retail business with the trade name “D”.
B. As to each trademark listed in the separate sheet No. 1, the Plaintiff applied for registration with the Korean Intellectual Property Office as the representative director E, and completed the registration as G, and then used and implemented the above trademark for the above franchise business.
C. On August 1, 2014, the Plaintiff and the Defendant entered into the instant franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, a franchisee, using the Plaintiff’s trade name, trademark, service mark, etc. as of July 31, 2016 from the date of the contract, to sell goods according to certain quality standards or business methods, and provide management support, such as technology transfer, etc., and the Defendant entered into the instant franchise agreement with the main content of paying franchise fees in return, and the Defendant operated the “H store” from the Daegu Suwon-gu shopping district Co. 104 (hereinafter “instant shopping district”).
The part related to the instant case in the instant franchise agreement is as stated in the attached Form.
1. The procedure for the termination of a franchise agreement shall follow the termination and measures of the agreement entered into between the Plaintiff and the Defendant.
2. The plaintiff shall refund to the defendant the amount including the franchise fee and the deposit for commitment performance amounting to five million won, corresponding to the remaining contract period.
The calculation of the refund franchise fee shall exclude 20% of the extinguished cost (including additional tax of 3.3 million won) among the "Franchis 16.5 million won (including additional tax)". Based on the date of commencement of the franchise agreement (the date of August 1, 2014), the period of the contract shall be fixed by April 30, 2015, and the remaining period of the contract shall be fixed by 15 months based on the date when the contract expires (the date of July 31, 2016).
(Non-explosive franchise amounting to KRW 13.2 million x 1,3250,000,000 total sum of KRW 5.0,000,000,000,000,000,000 won for the remainder of the contract.
3.B.