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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is a company with business purposes, such as a private teaching institute operation service business, a private teaching institute franchise business, and an educational service business via the Internet, and the Defendant is a company that operates a private teaching institute at both weeks.
B. On December 18, 2015, the Plaintiff entered into a franchise agreement (hereinafter “G franchise agreement”) with C (hereinafter “C”), whereby the Plaintiff, a franchisee, as the franchisee, established and run a private teaching institute based on the Plaintiff’s reading materials, trademarks, service marks, signboards, and other uniform “G (private teaching institutes)” system, including the Plaintiff’s reading materials, trademarks, service marks, and other related business marks, and entered into said franchise agreement with C (hereinafter “G franchise agreement”).
Since then C opened and opened a branch of G in the second floor of H building in Yangju-si.
(c)
On the other hand, on March 21, 2016, the Defendant entered into a contract with C for business takeover with respect to the overall business of G franchise agreement, and the Plaintiff approved the said contract on March 22, 2016.
(d)
In addition, on March 8, 2016, the Plaintiff entered into a franchise agreement with the Defendant (hereinafter “I franchise agreement”) with a condition that the Plaintiff, the franchise headquarters, shall establish and operate a franchise institute under the uniform “I” franchise system, including the Plaintiff’s textbooks, trademarks, service marks, signboards, and other related business marks, and shall provide information on business activities, provide information, provide advertising support, and provide system education and control (hereinafter “G franchise agreement”). The Plaintiff, the franchise headquarters, as the franchisee, entered into the instant franchise agreement with the “G franchise agreement” (hereinafter “each of the instant franchise agreements”).
Since then, the defendant established and operated an I franchisee on the second floor of H building in Yangju-si.
E. The Defendant shall provide teaching materials, etc. from the Plaintiff in accordance with each of the instant franchise agreements.