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1. The Defendant’s KRW 28,570,00 for the Plaintiff and 6% per annum from April 2, 2019 to September 22, 2020.
Reasons
Facts of recognition
The plaintiff is a company that runs a coffee franchise recruitment and operation business with the trademark "C".
On July 29, 2015, the Plaintiff entered into a franchise agreement with the Defendant on “C Ulsan Pream Store” (hereinafter “instant franchise agreement”) setting the initial contract term from July 29, 2015 to July 28, 2017.
The main contents of the instant franchise agreement are as follows.
Article 9 [Period of Contract and Renewal] (5) If Party A (referring to the plaintiff; hereinafter the same shall apply) fails to notify the refusal under paragraph (3) or to notify the other party that Party A and Party B (referring to the defendant; hereinafter the same shall apply) will not renew the franchise agreement in writing during the period from 180 to 90 days before the expiration of the franchise agreement, the term of the franchise agreement shall be deemed to have been renewed under the same conditions as the franchise agreement before the expiration of the agreement for one year.
Article 25 [Self-Purchase] (1) With respect to goods referred to in the main sentence of Article 23(1) and subparagraphs 1 through 2 of Article 23, Eul shall use only goods supplied by a person designated by Gap or Gap for the protection and uniformity of the C's brand.
Article 29 [Termination of Contract] (2) A may terminate this Agreement without delay where any of the following causes arises to B:
10. Where Eul suspends its business for at least seven consecutive days without good cause, Article 41 (Duty of Confidentiality and Duty of no competition) (1) Eul shall use the business secrets of Gap which it has become aware of in the course of contract and management only for the implementation of this Agreement.
(2) B shall not divulge trade secrets of A learned from the operation of a contract or franchise store to a third party even after the contract is terminated, as well as the contract period.
3. If disclosure is under any duty of disclosure under any statute, law, or due order of the court or government agency of Section B before or after the termination of this Agreement, Section B shall be notified to Section A before such disclosure.
(4) Section B.