A. On January 4, 2018, the Plaintiff entered into a franchise business operator who runs a franchise business under the trade name of “C,” a franchise agreement with the Defendant on the opening point of C located in Guro-gu Seoul Metropolitan Government (hereinafter “instant opening franchise agreement”); (i) on January 15, 2018, a franchise agreement on the station points of the Suwon-gu E located in Suwon-gu, Suwon-si (hereinafter “instant franchise agreement”); and (ii) on the same day, a franchise agreement on the G located in the F in the Gyeonggi-gu, Gyeonggi-do (hereinafter “instant franchise agreement”).

Each period of the above franchise agreement was two years from the date of conclusion of the contract.

B. Article 20 of the instant franchise agreement was stipulated in Article 20 that the Defendant’s obligation to refrain from engaging in the same type of business as the Plaintiff’s business in its or a third party’s name without the Plaintiff’s permission during the term of each franchise agreement.

In addition, Article 37 (4) of each of the instant franchise agreements stipulates that the Defendant shall pay the Plaintiff the value-added tax of KRW 30 million separately from the penalty for penalty for breach of the duty of prohibition of competition under Article 20 if the Defendant breached the duty of prohibition of competition.

(c)

피고는 2020. 1. 15. 경부터 경기 군포시 H에서 I 라는 상호로 2020. 2. 경에는 J 역 부근에서 같은 상호로 햄 치즈 토스트 고로케, 찹살 도넛, 데니 쉬 꽈 베기, 단호박 슈크림 고로케 등 고로케 제품( 이하 이 사건 고로케 제품) 을 판매하고 있다.

[Ground for Recognition] In the absence of dispute, Gap 1 to 7 evidence

2. The allegations and judgment of the parties

A. The plaintiff's assertion that each of the instant franchise agreements was renewed in accordance with Article 6 (4) of the instant franchise agreement, and the defendant violated the prohibition of competition by selling the instant products while each of the instant franchise agreements was renewed and effective, and thus, in accordance with Article 37 (4) of the instant franchise agreement, 10,000,000 won as consolation money, since each of the instant franchise agreements violated the prohibition of competition by selling the instant products.