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(영문) 서울북부지방법원 2017.07.06 2016가단143663

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 27, 2012, D, the Plaintiff’s representative director C, and the Plaintiff’s representative director C, completed business registration with the name of “E” and operated a production factory of raw and secondary materials in the net opposite country, on October 29, 2012, registered with the Fair Trade Commission a franchisor’s trade name as “E”, a business mark as “F”, an information disclosure statement stating the representative as “D”, and completed the registration of service mark as to “A” on November 29, 2013, and on April 7, 2014, the Plaintiff established the Plaintiff.

B. The Plaintiff, between E and E, operated the E’s franchise headquarters with a nationwide business area from April 1, 2013 to March 31, 2023, entered into a contract with E to act as an agent for E, including the solicitation of franchisees, the conclusion of franchise agreements, and the receipt of franchise fees, and subsequently, acquired all franchise businesses related to “F” from E on January 1, 2016.

C. Meanwhile, as between G on April 4, 2014, the Plaintiff entered into an advertising model with the effect that he/she consents to the use of images, photographs, images, etc. taken by G on newspapers, broadcasting, Internet homepage, and the signboards of chain stores in order to promote the Plaintiff’s F public relations (hereinafter “instant model contract”). The said model contract was extended on April 1, 2015, and its term of contract expired on April 4, 2016.

On July 25, 2014, the Defendant entered into a franchise agreement with the Plaintiff to open and operate a cruise restaurant from July 25, 2014 to July 24, 2016 (hereinafter “instant franchise agreement”), and operated the said restaurant using the following service marks, etc. (hereinafter “instant service marks, etc.”) as permitted by the Plaintiff.

E. The main contents of the instant franchise agreement are as follows.

§ 2.