Text
1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.
2.The preliminary charges shall be added at the trial.
Reasons
Basic Facts
On May 26, 2015, Defendant B entered into a branch contract: (a) registered the name of Defendant C, who is in a de facto marital relationship, as a business operator, with the business operator of “E” in order to run a franchise business selling ice, beverages and ice in the name of “D”; and (b) the Defendants have operated E together (hereinafter referred to as “Defendants” without specifying the Defendant if the Defendants are not individually referred to). The Defendants acquired the right to open stores in F Station, G Station, and H Station, and recruited a business operator operating a branch office in G Station and H station, and recruited a business operator operating a branch office in G Station and H station.
Accordingly, on February 12, 2016, the Plaintiff entered into a branch contract of E and D Cff (hereinafter “instant branch contract”) with Defendant B, and the main contents of the instant branch contract are as follows.
(1) The purpose of this Agreement is to present the terms and conditions of the Agreement for a fair franchise (franchis) between Defendant B and the “branch contractor”, and the “branch contractor,” respectively). Article 1 / [Purpose] The purpose of this Agreement is to present the terms and conditions of the Agreement for a fair franchise (franchis) contract between the franchise and the “branch contractor,”
(F) Article 2. (Definition of Terms and Conditions after the Franchise Registration is in force from the date of this Agreement) The term "branch contractor" shall be permitted to engage in business activities using its trade name, trademark, service mark, insignia, etc. and to engage in the business activities of selling goods in the same image as it is by using its trade name, trademark, service mark, insignia, etc., generate mutual agreed profits, and have the authority of education, support, control, etc. for that business.
Article 5 [Field of Main Company and Branch contractor] (1) The head office shall be responsible for the transfer of old-ages, etc. for the development of Qua New.
(2) The head office shall be responsible for the delivery of the items consulted upon by the branch contractor from the main contractor.
(6) A branch contractor shall deliver items necessary for business from the branch office to the head office, and deliver the items to the branch office.