가. 피고는 2015. 3. 25. 원고와 ‘도쿄팡야’에 관한 가맹계약을 체결하고, 다음날 원고에게 계약이행보증금 10,000,000원을 지급하였다.

피고는 가맹계약에 따라 2018. 3. 24.까지 3년간 ‘도쿄팡야 B점’에 관한 영업표지를 사용할 수 있는 권리를 부여받아 가맹점을 운영해 오고 있다.

Article 23 (Business Standardization and Handling Items and Sales Price) (1) The defendant shall comply with the appropriate quality standards and business management standards of goods or services presented by the plaintiff, and only products which do not impair the unity of franchise business shall be offered to customers for sale.

(2) In order to maintain the unity and uniformity of the brand of franchise business, the defendant shall use raw materials and supplementary materials designated by the plaintiff, and in particular, he/she shall keep the massages uniform by manufacturing in accordance with the manufacturing manual.

(3) The defendant shall not arbitrarily alter the execution of a newcom that the plaintiff has designated to provide customers within his/her chain store, and in the event that the plaintiff alters the newcom, he/she shall comply with such altered execution of the newcom.

In addition, if the defendant wishes to change a newcom, he must obtain the approval of the plaintiff.

(D) Article 25 (Self-Purchase omitted) (1) In principle, the Defendant is supplied by the Plaintiff or the company designated by the Plaintiff with a view to maintaining the uniformity of the brand of this contract with respect to the essential products under section 24 (1).

Provided, That if the plaintiff is unable to supply the goods or if it is not an essential item, he/she may purchase the goods directly after obtaining approval from the plaintiff.

In this case, the products quality standards presented by the plaintiff must be satisfied.

(2) Article 27 (Suspension of Supply of Goods) (1) In any of the following cases, the Plaintiff may suspend the supply of goods to the Defendant after giving three days' prior notice in writing:

In such cases, the terms and conditions of the resupply shall be delayed.