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(영문) 서울동부지방법원 2017.11.30 2017가합100992

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a franchisor that runs the siren business, etc. on the professional points of the life of the trade name “C”.

Article 1 (Matters Relating to Granting Right to Use Business Signs) (1) In order to run a franchise business, the Plaintiff shall grant the Defendant the right to operate the business within the scope permitted by using the business marks developed by it (such as signboards produced by the Plaintiff and the Defendant and signboards approved by the Plaintiff, actual inspection, and POP)

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchisees) (2) Procurement and management of goods

1. (Omission) The defendant shall purchase and use, as determined by the plaintiff, essential items for the unity of franchise business in the course of business;

(4) Restriction on the sale of Mua New Zealand (Omission) The defendant shall sell such Mua New Zealand as designated by the plaintiff.

Where it is intended to sell other domain new technologies than designated domain new technologies, the purport of the sale shall be explained to the Plaintiff and approved.

(5) Where a defendant intends to sell a domain new product at a price different from the recommended price, he/she shall consult with the plaintiff in advance.

(9) No defendant shall allow the defendant or any third party to operate the same type of business or to run franchise business during the period specified in Article 10 (1) and (2) of this Agreement.

No one shall infringe on or threaten to infringe on the business interest of the plaintiff, such as infringing on the plaintiff's trade secrets, in violation of the Unfair Competition Prevention and Trade Secret Protection Act after termination of the contract.

(10) In any of the following cases, the Plaintiff to suspend the supply of goods may suspend the supply of goods and materials to the Defendant after giving a written advance notice seven days in advance:

1. Where the defendant has failed to pay the money to the plaintiff three times or more under this contract, excluding the price of goods;

2. Where he/she fails to comply with guidance following the management support of the plaintiff, or the defendant violates important contractual obligations.