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(영문) 서울중앙지방법원 2016.12.16 2016가합529838
계약해지무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is the master franchisee of the "C" franchise, and the plaintiff is the master franchisee who has entered into a business branch contract with the defendant in Yong-Namnam Area.

Article 3 (Those Subject to Business, Scope, Authority, etc.)

1. A brand of a franchise store recruited by the Plaintiff through its business is limited to C.

2. The area of business for the recruitment of the plaintiff's franchise store shall be limited to Yong-Nam area (Tgu/Seoul, Busan/Seoul), and other areas may be conducted through consultation between the defendant and the plaintiff.

3. The defendant shall grant the business authority so that the plaintiff can conduct business activities for the recruitment of C Franchisees in the business area stipulated in paragraph 2.

However, the defendant may deprive the plaintiff of the business authority granted to the plaintiff if it is no longer possible to continue the contract, and the plaintiff can no longer assert the business authority.

Article 5 (Period of Contract) The term of this Agreement shall be two years from the date of conclusion of the Agreement until October 30, 2015, and the term of the Agreement may be extended upon consultation between the plaintiff and the defendant.

Article 13 (Matters of Special Agreement) The plaintiff and the defendant shall determine the matters of special agreement through the annexes to be concluded separately by them.

The plaintiff under Article 1 (Establishment of Member Shops) of the Annex may establish C member stores in the name of the plaintiff in the relevant business area before commencing business activities for the recruitment of member stores, and establish C member stores in the name of the plaintiff in the relevant business area even after commencing the above business activities.

In such cases, the following shall apply:

2. The Defendant is exempt from franchise fees and royalties for the duration of the contract to the franchise store under the Plaintiff’s name.

3. The Plaintiff’s interior, furniture, private person, and separate construction, etc. shall be executed by the Plaintiff in relation to the franchise stores recruited in Yong-Nam-Nam (Tgu/Seoul, Busan/Seoul).

Article 4 (Performance Rates and Expenses for Activities)

1. From the commencement of the Plaintiff’s business, the Defendant 2,200,000/months 2,000 won for the number of the Plaintiff’s business personnel that the Defendant consulted with the Plaintiff.

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