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(영문) 인천지방법원 2018.08.28 2016가단257939

손해배상(기)

Text

1. The Defendants jointly share KRW 40,000,000 to the Plaintiff and Defendant B with respect thereto from February 25, 2017, and Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is a franchisor that runs the food franchise business (hereinafter “D”) under the trade name of “D”. The Defendants, as franchisees of the instant franchise business, operated “F points from August 2016 to November 2, 2016, Incheon East-gu E and 2.”

B. On August 1, 2016, the Plaintiff entered into a franchise agreement with the Defendants (hereinafter “this contract”) with the following terms and conditions.

Article 1 (Agreement on Franchise Relations) (1) The Plaintiff shall allow the Defendants to run the instant franchise business in accordance with the uniform franchise system and image of the franchise business, and shall provide the Defendants with management guidance support and services after opening the franchise business.

② The Defendants shall complete the education determined by the Plaintiff to become a franchisee and obtain the qualification thereof, and run the instant franchise business on the basis of the Plaintiff’s permission and operational guidance support, and shall pay a certain amount of consideration to the Plaintiff.

Article 8 (Period and Renewal of Contract) (1) From August 1, 2016 to August 1, 2018, Article 24 (Defects and Scope of Liability for Goods) ① The Defendants may return or exchange goods supplied by the Plaintiff or a person designated by the Plaintiff to the Defendants and may do on-site return or on-site exchange only in cases where the goods are delivered to the Defendants and where there is any defect. In the event that the Defendants request on-site return, the supplier shall reimburse at the ex-factory price.

If any defect exists in the returned goods, the repayment price shall be determined in consideration of such condition.

Article 36 (Cancellation of Contracts) (1) The Plaintiff may terminate a franchise agreement with the Defendants on any ground set forth in the subparagraphs of Article 25 and any of the following grounds:

In such cases, in order to terminate the franchise agreement, the contract shall be concluded with two or more grace periods, and the defendants shall clearly indicate the violation of the contract and not correct it.