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(영문) 수원지방법원안양지원 2019.12.12 2018가단106430
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found either as evidence Nos. 1 to 4, 6, and 7 (including paper numbers; hereinafter the same shall apply), as evidence No. 1, as evidence No. 1, and as a whole, as evidence of the witness C’s testimony.

The defendant is a person who runs a franchising restaurant, etc. with the trade name of "D".

Article 5 (Business Area) (1) The detailed details of the business area selected by Eul (Plaintiff) shall be indicated as a map and attached separately (the same as the attached Form drawing) and the right to operate the franchise store shall be recognized within the scope of the attached Form.

Article 6 (Term of Contract) (Period of Contract between A (Defendant) and B shall be two years from the date of conclusion.

Article 18 (Right to Supervision and Demand Correction, etc.) (1) A may periodically or periodically inspect, guide and supervise the overall operation of B's franchise stores and request the correction of the results thereof, for the unity and efficient operation of franchise business.

Article 22 (Suspension of Supply of Goods) (1) In any of the following cases, A may suspend the supply of goods to B after giving written notice three days in advance:

In such cases, the conditions of re-supply shall be notified to B without delay.

10. (Renewal of Contract) If the Party B fails to correct it within 3 days even after receiving a demand for correction of Party A under the provisions of Article 18(1) above.

(2) A shall not refuse a request for the renewal of a franchise agreement between 180 and 90 days before the expiration of the franchise agreement term without justifiable grounds.

Article 28 (Termination of Contract) (1) Where any of the following matters arises, A shall notify B of the document demanding correction, specifying the violation of the contract, and at least two months, and if correction is not made even after the lapse of two months, A may terminate this contract:

1. Where Eul falls under any subparagraph of Article 22 (1) and (2);

3. Other cases where this contract has been breached due to a cause attributable to Party A.

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