손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The term “F” applied for and registered trademark rights (hereinafter “instant trademark rights”), and entered into a “F franchise store agreement with the Defendants under the name of a limited liability company H. On June 3, 201, G transferred the instant trademark rights and the pre-existing franchise store business including the Defendants’ franchise store business to I only in the area of Honam.
B. On December 12, 201, after acquiring the trademark right of this case and the existing franchise store business license, I established the Plaintiff Company. The Plaintiff Company supplied the existing franchise store including the Defendants’ franchise store in the name of the Plaintiff Company with management and food original materials.
C. On June 7, 2013, I transferred the Plaintiff Company to J, and even thereafter, the Plaintiff Company continued to manage franchise stores, including the Defendants, and supplied food original materials.
As such, with respect to the trademark right use and franchise store contract for the “K” store, G entered into a contract with the Defendants under the name of the limited company H, while transferring this to I, I established the Plaintiff Company and maintained the franchise store contract in the name of the Plaintiff. The Defendants continued to use the trade name “K” without any change, and received food ledger materials from the Plaintiff and thereby maintained the franchise store contract between the Plaintiff and the Plaintiff.
E. However, Defendant B unilaterally terminated the franchise agreement on November 15, 2013, and Defendant C on September 12, 2014.
F. The Defendants continued to use the trade name, trademark, service mark, emblem, signboard, etc. immediately after the termination of the above contract, and to restore them to the original state. According to the franchise agreement of this case, if the Plaintiff continued to use the Plaintiff’s trade name, trademark, signboard, and other similar installation after the termination of the contract, the Defendants are required to pay KRW 100,000 for the day of delay. Thus, Defendant B from November 16, 2013 to Defendant B.