logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.11 2016가단536356
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a franchise business using the business mark “E” and “F”.

Defendant B is a person who registered his/her business under the trade name “G” on April 25, 2016, and Defendant C is the president of the I Cooperatives that run a franchise business, etc. using the business mark “H”, and Defendant D is the husband of Defendant B.

B. On May 1, 2016, the Plaintiff concluded a J-based franchise agreement with Defendant B (a dispute between the parties as seen earlier with respect to the parties to the agreement) as follows:

(hereinafter referred to as the “instant franchise agreement”). Article 1 (Matters concerning the granting of the right to use a business sign) “A” (referring to the Plaintiff) grants “B” (referring to Defendant B) the right to operate a franchise business within the permitted scope by using the business mark developed by it to run the franchise business.

Article 2 (Matters concerning the Payment of Franchise Expenses, Educational Expenses, and Guarantee Money): KRW 0,000,000 for educational expenses: KRW 0,000 for security deposit: KRW 5 (Matters concerning the Establishment of Business Base Area) “A” does not establish a direct control store or another franchise store of “A” for the Plaintiff’s brand within the business area of “B”.

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchiseess) ① Installation of business facilities, office fixtures, etc.: The term "B" means all the items necessary for the establishment of a franchise store (hereinafter referred to as "business facilities and equipment") by "B", such as signboards, interiors, kitchen facilities, food materials, etc. necessary for the opening of a franchise store.

The business facilities and equipment of "B" shall be installed and purchased in accordance with the manuals and specifications determined by "A" so as to maintain the unity and originality of the whole franchise business.

(8) Prohibition against competitive business: Trade secrets developed by the Plaintiff’s main or subsidiary materials, operation systems, designs, etc. through multiple implementation mistakes while inserting considerable time and expenses, effort for research and development, etc.

arrow