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(영문) 서울서부지방법원 2018.12.06 2016가합37839

손해배상(기)

Text

1. Defendant (Counterclaim Plaintiff Co., Ltd.) D:

A. On November 23, 2016, Plaintiff (Counterclaim Defendant) KRW 6,000,000 and its related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs, using the brand name of “F”, concluded a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant Company (the representative director E) that runs the franchise business, using the Defendant’s “F” trademark as indicated below.

Plaintiff

The contract term of the franchise store A is not fixed as of September 23, 2015, but B Ilsan G, Sept. 14, 2015, 2015 through Oct. 1, 2017, 30,000 from Oct. 1, 2015 to Oct. 1, 2017. < Amended by Presidential Decree No. 26785, Oct. 12, 2015; Presidential Decree No. 28457, Nov. 1, 2015; Presidential Decree No. 28457, Nov. 1, 20

The main contents of the parts common to the instant franchise agreement are as follows.

(‘A’ refers to the Defendant, the franchisor, and the “B” refers to the Plaintiffs, the franchise store owner). ② Article 5 (Business Area). (2) In principle, the store diameter 2.5 km, and detailed contents are indicated as guidance and attached separately (Attachment 1). A shall recognize a franchise license within the scope and establish a direct store and a franchise store for the same brand of the same business type.

(3) Where this contract is terminated within the period of time, A shall refund the franchise fee and educational expenses paid by B pursuant to subparagraphs 1 and 2.

2. Where a franchise contract has been terminated after the commencement of the franchise business, the franchise fee shall not be refunded after the commencement of the franchise business, as expenses incurred first in order for B to participate in the franchise business as a franchise store.

Provided, That this shall not apply where a cause attributable to A has been terminated.

Article 24 (Raising, Management, and Approval of Goods, etc.) (1) In order to maintain the uniformity of brand, Eul shall be supplied with the following goods (hereinafter referred to as "essential goods"):

1. Essential items that are manufactured or purchased and supplied by the enterprises Gap or Gap designated; and

2. Consumable goods and fixtures on which the business marks Gap are printed.

3. Other items on which A and B have consulted with B (SP Rating) but the contract of the Plaintiff C shall be bound by “I”.