손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. All of the plaintiff's claims expanded in the trial is dismissed.
3...
1. Facts of recognition;
가. 원고는 ‘킹콩 떡볶이’라는 상표 및 서비스표로 프랜차이즈업을 하는 가맹사업거래의 공정화에 관한 법률(이하 ‘가맹사업법’이라 한다)상의 가맹본부이다.
나. 피고 B, 피고 A, 소외 D는 위 ‘킹콩 떡볶이’ 가맹점에 관한 동업약정을 체결하면서, 위 가맹점을 피고 A의 단독 명의로 운영하기로 하였다.
C. On September 30, 2013, in the name of Defendant A, a lease agreement was concluded between Defendant E with respect to 3 block Nos. 4 of the Seog-gu, Seoan-gu, Seocheon-si.
이 사건 가맹계약 1) 2013. 10. 2. 피고 A의 명의로 원고와 사이에 위 다.항 기재 점포에서 원고의 가맹점(킹콩떡볶이 G점, 이하 ‘이 사건 가맹점’라고 합니다
The franchise agreement for the operation was concluded, and the food materials, etc. under the above franchise agreement was supplied under Defendant A’s name, and the non-party corporation, the Plaintiff’s partner company, is called “non-party company” (hereinafter referred to as “non-party company”).
(2) In addition, the Defendant A’s business report was made on October 14, 2013, and the business registration was completed on October 15, 2013, respectively, and the completion certificate related to the interior project of the instant franchise store and the confirmation certificate on the matters necessary for the establishment of the instant franchise store were also prepared in Defendant A’s name.
E. On February 12, 2014, Defendant A’s prior consultation about the increase in the sales price had a significant impact on the sales price of the instant franchise store in the name of Defendant A, “The Plaintiff,” but the sales price of the instant franchise store had a significant impact on the 5th among the national franchise stores. However, the profitability has not been significantly improved to the extent that it could have a significant impact on the operation of the store each month. The reason is that the application of a relatively low unit price compared to the unique rent and management fee level of the shopping mall where the instant franchise store is located, and the rate of personnel expenses significantly higher than the plan is considered to be the main reason.