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(영문) 의정부지방법원 2015.02.06 2014나12813
건물인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company operating a mutually convenience point of the trade name, i.e., “fishing range range range”, and operates the company directly or through soliciting franchise stores.

B. On January 31, 2012, the Defendant entered into a franchise agreement with the Plaintiff on the operation of the headquarters B (hereinafter “instant convenience store”) at the equipped with the ASEAN located in Pakistan (hereinafter “instant agreement”), and the said agreement includes the following:

Article 23 (Prohibition of Side Business Hours and Concurrent Business)

1.The owner shall, in principle, engage in the business for 24 hours a day during the duration in which this contract is in existence in order to meet the consumer expectations for 7-ELVN.

Article 53 (Termination of Contracts by Company)

2. The Company may terminate this contract on the owner of the business in the following cases:

The Company shall set a grace period of not less than two months to the management owner and shall specifically specify the violation of the contract and notify the management owner in writing that the contract will be terminated if the contract is not corrected.

(Omission) section 23, (Omission). In the event of a violation, section 59 (Recovery).

1.The owner shall immediately close '7-ELVN' after the type of contract, and shall restore the store's snow and other location to its original state before the store is not authorized, in accordance with the following paragraphs:

3. The owner of a business shall transport the equipment and facilities inside or outside the company in normal conditions after removing (repair if damaged) due to the cost of the management due to the burden of the owner of the business, and deliver them to the company at the designated storage place in consultation with the company and the owner of the business, but if the consultation is not possible, it may be done directly by

C. When entering into the instant contract, the Plaintiff established movable property in the attached list to the convenience store for the operation of the convenience store of this case.

On June 19, 2012, the Plaintiff is in the vicinity of the instant convenience store.

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