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(영문) 의정부지방법원고양지원 2016.11.10 2015가단94449
손해배상(기)
Text

1. The Defendant: (a) KRW 1,000,000 for the Plaintiff and 6% per annum from March 18, 2014 to November 10, 2016.

Reasons

1. Basic facts

A. The relationship between the original Defendant and the former Defendant is a person who operates an English company specializing in English education in the form of franchise business under the Act on the Promotion of Franchise Business (hereinafter “Franchising Business Promotion”), and the Plaintiff is a person who is a franchisor under the franchise Promotion Act. The Plaintiff is a person who operates the Defendant’s Bupyeong branch, one of the master franchisee’s headquarters that is a franchisee, who is granted rights from the Defendant, recruits the Defendant, executes franchise agreements on behalf of the Defendant, manages

B. On February 26, 2012, the Plaintiff entered into a branch contract with the Defendant (hereinafter “instant contract”) and agreed to act as the Defendant’s franchisor in the Bupyeong-gu and Southern-gu of Incheon as the master franchisee.

The term of contract was from February 26, 2012 to December 31, 2012, but the contract was agreed to renew the contract in writing when there is no grounds for disqualification, such as the termination of Article 37 during the contract period.

(Article 6). C. of the instant contract

The Defendant sent to the Plaintiff, on February 18, 2014, a content-certified mail, “A scheduled termination notice of the contract,” and notified that the instant contract would be terminated as of March 17, 2014, and the Defendant sent a content-certified mail on March 18, 2014, stating that the instant contract was terminated on March 17, 2014, and notified that the instant contract was terminated as of March 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 8 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff unilaterally terminated the instant contract without any grounds for termination of the contract, thereby making the Plaintiff unable to perform the duties of the Bupyeong Branch C.

Therefore, the defendant from March 18, 2014, which is the day following the termination of the contract due to damages.

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