beta
(영문) 서울중앙지방법원 2015.03.25 2013가합18788

담배광고비 정산금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The parties concerned are franchisers that grant franchisees the right to operate a franchise store with the mutual convenience store in the name of “S”, and the Plaintiffs are franchisees who enter into each franchise business agreement with the Defendant on the convenience store, operate or operate the convenience store.

B. The purpose of each franchise agreement is to set up a “S store” based on the S image that the company has uniform and identical nature by utilizing the S system, which is the managerial know-how developed independently by the company, and to promote the prosperity between the company and its management owner and contribute to the improvement of the convenience of consumers.

Article 3 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

Article 5 (Agreements of the Association) The Company permits the management owner to operate a “S store” by S system under the uniform image of S, and continuously supports management guidance and technical support by S system and various services under this Agreement during the contract period as a franchisor.

In addition, after completing education for becoming a franchisee and obtaining recognition of its qualification, the management owner promises to conduct the management of the “S store” with the permission of the company and pay a certain amount of consideration to the company.

Article 8 (Rights and Duties of Manager of Management)

1. The owner is entitled by the Company to the following rights with respect to the management of “S points” on the date of opening:

A. The right to receive various information on the management know-how and operation

(b) Rights to use various forms, equipment and facilities provided or lent by a company and facilities outside and outside Korea;

C. Intellectual property rights such as S trademark, etc. and rights to use business marks indicating "S points"

2.The owner of the business, simultaneously with obtaining the rights referred to in the preceding paragraph, shall: