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(영문) 부산지방법원 2017.08.31 2016가합47853
경업금지 등
Text

1. The defendant shall not operate a sufficient restaurant business from Jung-gu, Busan to December 23, 2017.

2. The defendant.

Reasons

Basic Facts

The plaintiff is a company established for the purpose of franchise business, etc. and has approximately 30 franchise stores under the trade name of "E".

On January 6, 2014, the Defendant and F entered into a franchise agreement with the Plaintiff on “G stores” (hereinafter “instant franchise store agreement”) (hereinafter “instant franchise store agreement”).

The provisions pertaining to the instant case in its contents are as follows:

Article 17 [Handling after Termination of the Contract] After the termination of this Agreement, the term "franchise contractor" shall fulfill the following obligations:

1) The prohibition of the same or similar act of business at the same place for two years after the end of the contract (hereinafter “instant agreement on the prohibition of competition”). Article 19 [Damages] A and B may claim damages against the other party in the following cases:

The extent of damages shall be determined by ordinary trade customs.

2. Where damage is incurred to the other party due to the nonperformance of this Agreement. Plaintiff B: The instant franchise agreement was concluded on December 23, 2015 by the Defendant and the FF Agreement terminated.

After the contract of this case was terminated, the Defendant operated the same kind of restaurant in the same place where “H” was operated after the contract of this case was terminated.

【In the absence of dispute, each statement of Gap's Nos. 1, 2, 4, 6, 8 through 11 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings, the plaintiff defendant's assertion of the parties concerned as to the purport of the whole pleadings, shall continue to conduct the same or similar business at the same place after the termination of the contract pursuant to the contract of the franchise store of this case, in violation of this provision, even though two years have not passed since

Therefore, the Defendant is prohibited from running a sufficient restaurant business in Busan Jung-gu by December 23, 2017, which was two years after the conclusion of the instant franchise store contract, and the Defendant also ends the franchise store contract at the place where the G store was operated.

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