손해배상(기)
1. The Defendants are jointly and severally and severally liable to the Plaintiffs for KRW 13,684,04 and the period from August 21, 2014 to November 21, 2014.
1. Basic facts
A. On July 27, 2012, the Plaintiffs entered into a franchise agreement with the Defendants on the “H” located in Yongsan-gu, Changwon-si, Changwon-si (hereinafter “instant franchise store”).
(hereinafter referred to as the "instant contract"). The main contents of the instant contract are as follows.
Article 5 (Grant of Right to Use Business Marks, etc.) (1) The Plaintiffs shall grant the Defendants the following rights under this Agreement.
1. Article 8 (Payment of Franchise Fees, etc.) (1) of the right to use business marks, such as trade name, trademark, service mark (the lower part of the above provision indicated the Plaintiffs’ business marks as “F”), which the Defendants are obligated to pay to the Plaintiffs under this contract as follows. The amount of money that the Defendants are obligated to pay to the Plaintiffs under this contract is as follows. (1) The Defendants may not divulge not only business technology or trade secrets of the Plaintiffs known during the contract period but also to a third party for two years after the termination of the contract:
(3) Where the Defendants suffered damages from the Plaintiffs in violation of the provisions of paragraph (1), they shall compensate for the damages.
Article 34 (General Termination of Contracts) (1) The Plaintiffs may terminate the contract where the Defendants fall under any of the following subparagraphs:
However, with a grace period of not less than two months from the date of termination of the contract, the Defendants shall clearly indicate the violation of the contract and notify the Defendants of the fact that the contract is terminated without correction at least twice in writing.
11. Where the Defendants disclosed their business skills or trade secrets to a third party during the contract period in violation of Article 20(1). 21. In a case where the Defendants transferred a franchise store without obtaining prior approval from the Plaintiffs in violation of Article 42(1), or provided its business property as security; 22. In a case where the Defendants leased a franchise store in violation of Article 42(2) or acted as an agent for or on behalf of the Defendants, the Defendants are subject to paragraph (1).