beta
(영문) 수원지방법원 2016.11.16 2015가단139291

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 18,00,000 won and the period from November 14, 2015 to November 16, 2016.

Reasons

1. Facts of recognition;

A. Defendant B entered into a franchise agreement with E that operates a franchisor on November 26, 2012, setting the contract term from November 26, 2012 to November 25, 2014 (hereinafter “instant franchise agreement”) and run a franchise store from the same date.

B. According to the instant franchise agreement, ① the owner of a franchise store shall not divulge, disclose, promulgate, or promulgate technical or managerial information useful for the business activities of the franchise store without the company’s written consent, or shall not use such information for any purpose other than for the business activities of the franchise store owner, among the manuals and documents provided by the franchisor. ② The owner of the franchise store shall not have the principal or any third party operate the same type of business or engage in the franchise business; ③ the owner of the franchise store shall not transfer, inherit, exercise by proxy, entrust, establish security, operate a third party, or transfer the franchise store to another person due to the circumstance of the owner of the franchise store; and ④ the franchisor shall notify the franchisor of the fact in advance to transfer the franchise store license to the third party; and ④ the owner of the franchise store shall obtain prior approval from the franchisor during the contract period

C. On December 11, 2012, the Plaintiff, the head of Defendant B, decided to take over the D water points from Defendant B through the introduction of Defendant C, and reported the business of the D water points in the name of the Plaintiff.

On February 22, 2013, the Plaintiff entered into a transfer contract with Defendant B on the instant transfer and acquisition points (hereinafter “instant transfer and acquisition contract”), paid the transfer price of KRW 150 million, and began to operate D points after completing the registration of the Plaintiff’s business in the name of the Plaintiff on the same day.

E. Meanwhile, the Plaintiff and Defendant B found to the franchisor on February 28, 2013 and demanded that they approve the instant transfer/acquisition agreement, but they were given prior notification and notification at the time of the transfer of the franchise store’s business.