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(영문) 서울중앙지방법원 2016.01.12 2015가합15721
손해배상(기)
Text

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 defendant is a company whose main purpose is franchise business and which engages in franchise business as to a mutually named restaurant.

The Plaintiff is a person who operated the Defendant’s “C” additional tent (hereinafter “instant store”) in the 103 administrative district or more of the 103 unit of the Do Building in Bupyeong-si, Seocheon-si (hereinafter “Gu”).

Article 5 (Business Area A) (1) The term "A" is divided into business areas, and the term "B" is designated by mutual agreement with "A" for the designation of business areas under paragraph (2).

In addition, “A” does not establish a direct management store and other franchise stores identical to the terms of this Agreement within the business territory of “B”.

(2) The classification of business areas under paragraph (1) of this Article shall be based on the administrative district of Seoul and Metropolitan Cities in principle, while the Gu unit and Si/Gun/Gu shall be established without the boundary of the administrative district (Seoul and Metropolitan Cities and Metropolitan Cities shall be determined by agreement between "A" and "B" in the radius of 3 km (the Si/Gun unit shall not be separated); and the detailed matters of the business area selected by "B" shall be within the scope of the indication attached to the attached Table 1, and the right to operate the franchise store shall be recognized within the scope of the indication; (3) The "B" shall not arbitrarily change the location and business area of the franchise store without the prior approval of "A": Provided, That where the "B" intends to change it, it may be requested in writing in advance, specifying the reasons two months prior to the date of receipt of the request for change, and in such case, the "A" shall express its intention to "B" in writing within one month from the date of receipt of the request for change, and the specific grounds for "A" shall be notified of the refusal of the agreement.

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