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(영문) 대전지방법원천안지원 2016.12.21 2015가단112326

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates the business of organizing and operating a chain store with respect to the mutual convenience points of “Sperpers”, and the company B (hereinafter “B”) is a company that newly constructs the Seongbuk-gu Seoul Metropolitan Government Ground Building C (hereinafter “instant building”) and trusts international trust company (hereinafter “international trust”).

B. B (at the time of participation on behalf of the representative director D) decided on June 28, 2012 to operate convenience stores, kinns, restaurants, and coffee specialty stores (including beera), as direct operation of convenience stores in order to promote the sale of the instant building by the board of directors on June 28, 2012.

C. B attempted to enter into a franchise agreement for the operation of a convenience store with the Plaintiff, but it was not possible to provide the Plaintiff with a security or a guaranty insurance policy because of a large number of financial loans.

On July 13, 2012, the Defendant entered into a franchise agreement with the Plaintiff (the E team leader: the E team leader) to establish a F store (hereinafter “instant store”) with respect to 110 and 111 out of the instant building.

(hereinafter referred to as “instant franchise agreement”). Article 16 (Documents to be Submitted by Management Owners and Partners)

1.The owner shall submit to the Company the following documents in order to conclude this contract:

A copy of resident registration, a certified copy of resident registration, a certificate of personal seal impression, a copy of head of Tong, and a copy of identification

(b) A contract which has the title to acquire a right to use or make profits from a store (excluding a lease contract, etc.) under Article 23;

1.The owner shall, in principle, engage in the business for 24 hours a day during the duration in which this contract is in existence in order to meet the consumer expectations for 7-ELVN.

Article 53 (Termination of Contracts by Company)

1. A company may terminate a contract without a separate peremptory notice where any of the following events occurs to the owner of the company:

(j) Seven consecutive days by the owner of an enterprise without justifiable grounds;