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(영문) 부산지방법원 2019.04.23 2018가단300728

손해배상(기)

Text

1. Defendant B’s KRW 59,99,310 for the Plaintiff and 5% per annum from April 14, 2016 to April 23, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation operating siren business, etc., and a franchisor having approximately 30 franchise stores under the trade name of “D,” and the main contents of the franchise agreement form used by the Plaintiff when entering into a franchise business entity and a franchise agreement (hereinafter “instant franchise agreement form”) are as follows. The definitions of terms used in this Act are as follows.

1. The term "franchise business" means a continuous business relationship in which a franchiser allows its franchisees to use its own trade marks, service marks, trade names, signs, or any other business marks (hereinafter referred to as "business marks"; hereinafter the same shall apply) in selling goods (including raw materials and auxiliary materials) or services in accordance with certain quality standards or business methods, and supports, educates, and controls its franchisees in regards to their management, business activities, etc., and in which franchisees pay franchise fees to their franchiser in return for the use of business marks and the support and training provided for their management, business

2. The term "franchiser" means a business entity that grants a franchise business entity a franchise license to run a franchise store;

3. The term "franchise" means a business entity that holds a license granted by a franchiser to run a franchise store in relation to a franchise business;

4. The term " prospective franchisee" means any person who discusses or negotiates with a franchiser or a master franchisee with intent to sign a franchise agreement;

5. The term "franchise license" means a franchisee's contractual right to run a franchise store in relation to the franchise business of a franchiser;

9. The term "franchise agreement" means special terms and conditions on the rights and obligations of a franchiser or a franchisee (hereinafter referred to as "party to franchise business") in terms of the specific contents and conditions of the franchise business.