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(영문) 대구지방법원 2020.07.17 2019가단104744
손해배상(기)
Text

1. The defendant is 5% per annum from February 20, 2019 to July 17, 2020 to the plaintiff corporation A with KRW 8,184,140 and its amount.

Reasons

1. Basic facts

A. The party status 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

(2) On April 12, 2018, Plaintiff B and the Defendant Company entered into a franchise agreement to operate “G stores” (hereinafter “instant franchise agreement”) in the building located in Daegubuk-gu E-gu and the 1st floor F of the non-Dong as the Defendant’s franchise store (hereinafter “instant franchise agreement”) with the Defendant Company on April 12, 2018.

3) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(B) The Plaintiff succeeded to the status of the franchisee as to the instant franchise store from the Plaintiff B, and the Plaintiff B is the representative of the Plaintiff Company. Article 13 of the instant franchise agreement stipulates as follows.

Article 13. Facilities (1) The term "B" shall be designed and constructed in accordance with the standards set forth in the "A" to protect the trademark rights of "A" by the day preceding the opening date of the franchise store and to maintain the identity and originality of the whole franchise business in order to maintain the identity and originality of the franchise business.

(the same shall apply to the modification of existing facilities) The facilities to be constructed according to the actual inspection and inspection of “A” shall be completed at the expense of “B”.

(2) "B" shall comply with the guidelines designated by "A" to maintain the identity of the franchise business among the store facilities, such as the interior of the interior referred to in paragraph (1), and the construction part shall be selected and run by "B", including the affiliate registered with "A".

Provided, That "A" shall be managed and supervised for the maintenance of the identity of franchise business and the smooth progress of construction, and "B" shall be deemed "B".

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