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Reasons
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(영문) 수원지방법원 2019.03.06 2016가단513957
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties concerned are “franchisers” engaging in franchise business, etc. with the brand called “C,” and the Plaintiff entered into a franchise agreement with the Defendant on March 31, 2014 with the term of the contract on March 31, 2014 (Evidence A2; hereinafter “instant franchise agreement”) and operates “D”.

B. The contents of the franchise contract of this case, etc. 1) The main contents of the franchise contract of this case were that the defendant, using the business mark "C", sold food beverages, such as the victim, in accordance with certain quality standards or business methods, and provided support and education for business management and business activities, and the plaintiff paid the defendant the money in the name of the franchise fee in return for the education for supporting the use, management, business activities, etc. of business marks. According to the franchise contract of this case, according to the franchise contract of this case, the defendant did not guarantee the plaintiff a separate exclusive business area (Article 6), and as a special agreement, set the plaintiff's delivery area as "Edong", "Fdong", and "part ofG Dong".

§ 48(c).

(1) The Defendant is abbreviationd with H on March 3, 2014, which was the time prior to the conclusion of the instant franchise agreement, and “I” (hereinafter referred to as “I”), if necessary.

(2) According to the above contract, the delivery area of I points was the area of Jdong, Kdong, Ldong, and Gdong, and the Plaintiff and I points in the area of delivery in the Gdong, and there was a dispute between the Plaintiff and I points in the process of mediating the dispute, the Defendant divided the Plaintiff’s business rights on May 21, 2014 into “M and Ndong administrative Dong name,” and “E Dong and Fdong name,” and “O and apartment complex among Gdong areas,” “S and apartment complex,” and “Y, Rdong, Jdong, and Gdong village apartment complex.”

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