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(영문) 부산지방법원 2019.01.18 2015가단229248

손해배상(기)

Text

1. Defendant C pays KRW 5,000,000 to Plaintiff B.

2. Claim by the Plaintiff A Co., Ltd. and the Defendant C of the Plaintiff.

Reasons

1. Basic facts

A. The relevant Plaintiff company of the parties is a company running franchise business, etc. for the purpose of selling rice with glutinous rice with the purpose of selling rice with the purpose of selling rice with a glutinous rice with the attached trademark. The Plaintiff B is the representative director of the Plaintiff company. The Defendants, as married couple, entered into a franchise agreement with the Plaintiff company with the following terms

B. On September 27, 2014, the Plaintiff Company entered into a franchise agreement and entered into a franchise agreement with the Defendants with respect to the “F document store” (hereinafter “F document store”) which is the Plaintiff Company’s franchise store to be opened in Busan Jin-gu E 29.09 square meters, Busan (hereinafter “instant franchise agreement”) including the following contents (hereinafter “instant franchise agreement”).

(B) At the time of entering into the instant franchise agreement, the name of the franchisee was Defendant D; however, in substance, the Defendants were co-operators of the instant franchise store) Article 1: The Plaintiff Company (hereinafter “A”).

A franchisee: the instant franchise store (representative Defendant D, hereinafter referred to as “B”)

2) The contract period under Article 8: Article 17 (1) 1 of the Act on September 27, 2014 to September 26, 2016) Article 17 (3) provides goods necessary to maintain the identity of the goods to B; Article 17 (1) provides goods to B; and Article 21 of the Act on the Protection, Protection, and Protection, and Protection, etc., of Goods shall be purchased from A; and Article 21 (4) 5 of the Act on the Protection, Protection, and Protection, etc., of Goods may encourage A to set the selling price of goods to comply with

In such cases, Eul may determine or change the selling price through prior consultation with Gap, in consideration of regional characteristics, etc.

Article 25 (1) 1 B shall prepare and keep the business place and accounting data of the franchise store in good faith in connection with the business of the franchise store, and enter the daily sales status into the POS Program every day.

(2) Eul shall pay Gap for the sales of and profits from a chain store.