손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 11,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from December 7, 2017 to January 11, 2019.
1. Basic facts
A. The status of the parties is a franchisor that runs the food franchise business using the trademark "D", and the Plaintiff is a franchisor that has entered into a franchise agreement with the Defendant.
B. 1) On June 27, 2017, the Plaintiff entered into a franchise agreement between the Plaintiff and the Defendant, using the Defendant and D’s business marks, thereby making use of the business marks of the Defendant and D (hereinafter “instant place”).
(C) the franchise agreement to operate a specialized general restaurant in the swine (hereinafter referred to as the “instant franchise agreement”).
(1) The term of the franchise agreement of this case is set forth below, and the term of the franchise agreement of this case is set forth in Article 5. The term of the franchise agreement of this case shall enter into force between the Defendant and the Plaintiff from the date of conclusion of the agreement, and the term of the franchise agreement shall be three years from the date of conclusion of the contract. In addition, the term of the contract shall be three years upon renewal of the franchise agreement.
1. The name of member shop: E member shop;
2. Representative: The plaintiff.
3. Location of chain store: C at the time of innate; and
4. Scale of chain store: (2) The plaintiff shall not arbitrarily modify any of the subparagraphs of paragraph (1) without the defendant's written approval.
Article 9. Facilities of the Exemplary Store (2) The plaintiff may directly construct the facilities or select and construct the company designated by the defendant according to the specifications determined by the defendant.
In such cases, an employee of the defendant may be dispatched to the supervision for the smooth progress of the corporation at the expense of the defendant.
③ In the event that the Plaintiff directly performs the design drawings and specifications, the Defendant may provide the Plaintiff with the basic design drawings and specifications, and the Plaintiff shall pay 30,000 won (including surtax) at the design supervision cost to the Defendant.
Article 20. The plaintiff shall not operate the same type of business as the defendant in his/her own or a third party's name during the contract period.
In addition, at the same place of business for one year after the contract is terminated.