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(영문) 서울중앙지방법원 2019.07.17 2018가합548802
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are those who run a reading room (Paf franchise business, etc.) with the business mark “F.” (2) Defendant D is the franchisees who entered into a franchise agreement with the Plaintiff and the Seoul Gangnam-gu I Military Research Institute as to the “F-to-K-K-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

B. On November 1, 2017, Defendant D entered into a franchise agreement with Plaintiff A and Defendant D, respectively, set the lease deposit amount of KRW 40 million and KRW 3,300,000,000 per month from L to November 1, 2017. On November 3, 2017, the term of the contract with Plaintiff A with respect to the instant franchise store was set at KRW 200,000 per month (hereinafter “instant franchise agreement”). On November 3, 2017, the term of the contract with Plaintiff A as to the instant franchise store was set at KRW 20,000 per month (hereinafter “instant franchise agreement”).

The part relating to the instant franchise agreement relating to the instant case is as follows (the “A” refers to the Plaintiff A and the “B” refers to the Defendant D:

(ii) Article 2. The term “trade secret” means the following matters relating to the open and management of a franchise store offered by “A” to “B”, which are provided by manuals, other documents, drawings, oral notes, etc.:

(a) All matters related to the structure of a franchise store, inside and outside of the franchise store, arrangement of the franchise store, and facilities of the franchise store;

(b) Sales know-how of various goods;

(c)Article 9 [Initial Franchise Fee and Contract Performance Bond] ① “B” shall pay “A” the franchise fee of KRW 5 million and the teaching cost of KRW 3,300,000 (including surtax) with the franchise fee of KRW 5 million at the time of the initial franchise agreement, and the details thereof shall be as follows:

section 13. (Each subparagraph omitted)

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