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(영문) 서울동부지방법원 2016.07.08 2014나6406
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendants are 7,612,700 won and 4,000 among them to each plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of wholesale and retail business, and rental tea business.

B. The Defendants were married and operated “D” in Geumcheon-gu Seoul Metropolitan Government.

The Defendants decided to change the franchise store and received consultation from the Plaintiff’s operating officer, and jointly operated “E” at the same place from July 30, 2012.

C. On October 18, 2012, the Plaintiff and the Defendants concluded a franchise agreement on “E” (hereinafter “instant agreement”).

The main contents of the instant contract are as follows.

(In accordance with the expression of the contract, the Plaintiff as “A”, and the Defendants as “B”). The term of the contract between “A” and “B” under Article 9 (Contract Period) shall be two years from the date of conclusion of the contract.

Article 21 (Disposition and Management of Goods, etc.) (1) A shall be supplied with goods necessary for business to maintain the originality and uniformity of brands, by a business operator designated by A or A, and shall not be purchased in itself without prior written approval of A.

(2) A may change the types and details of goods to be provided by B according to business policies.

In addition, the goods referred to in paragraph (1) may be marked in the attached Form.

Article 26 (Advertisements and Promotions) (1) A shall exercise overall control over advertising and promotional activities for the revitalization of franchise business, such as the enhancement of the image and the increase of sales of Mexico stores, and may formulate and implement the details, such as the location of advertisements, media, frequency, date of implementation, by Party A's management judgment and decision.

(2) Where advertising under paragraph (1) is conducted, the apportionment of expenses shall be classified according to the nature of advertising. In cases of advertising advertisements for franchise store membership, franchisors shall bear the total amount of expenses, and where brand advertising, product advertising, or where advertising for franchise store membership is combined, franchise headquarterss shall bear 50% and 50% of the total franchise headquarters shall bear where the advertising for franchise store membership is conducted, or where the advertising for

Article 31 (Compensation for Damages) (1) A shall violate the provisions of Article 21.

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