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(영문) 수원지방법원 2015.08.11 2014가합61275

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the representative of the F franchisor, entered into a branch agreement on the education service business of “G” (the initial use of the name “H” in the business), which is an educational program for producing the flight machine model that is operated with the Defendants as a small electric conductor, respectively, as follows:

(hereinafter referred to as “each of the instant franchise agreements”). On January 7, 2012, 201, the date of conclusion of the Plaintiff’s branch, the Plaintiff’s branch was December 31, 2012, for the members of the Ansan-gu, the expiration date of the conclusion date of the Plaintiff’s branch on December 31, 201, Japan-dong, Busan-gu, December 31, 2013, 201, respectively. < Amended by Presidential Decree No. 23590, Dec. 31, 2011; Presidential Decree No. 24280, Dec. 31, 2013>

The main contents of the instant franchise agreement are as follows.

Section 6 (Duties and Rights of Franchise Operators) 4 franchise operators are designated by the franchisor and are not engaged in the same or similar type of business as that of the franchisor in the name of the franchisor or of a third party, without the franchisor's permission, with respect to all items necessary for the operation of branches, such as goods and supplies, which are classified as trade secrets of the franchisor. During the duration of the contract, the franchisor of Section 9 does not engage in the same or similar type of business as that of the franchisor's business in its own or in the name of the third party, while the contract remains in force, and the franchisee of Section 13 of the same Agreement for two years after the termination of this contract shall be liable for all damages if it starts up and renders a third party any type of business similar to the above franchisor's brand.

Article 27 (Raising and Management of Teaching Materials and Teaching Materials, etc.) The details and prices of teaching materials and teaching materials, etc. to be supplied to franchisees by the franchisor under paragraph (1) of paragraph (1) of the same Article shall be as in addition to [3].

Provided, That if it is necessary to change the details of supply of teaching materials, etc. due to price fluctuations or other changes in economic conditions, the franchisor shall present the details of the change, grounds for change, and grounds for calculating the changed price to the franchisee in writing, and shall determine

Paragraph (3) shall not be supplied by the franchiser.