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(영문) 서울고등법원 2017.12.14 2016나2078081
위약금 등 청구의 소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. C (Before opening the name: D) is a representative of a restaurant franchise business that sells chickens, etc. as the trade name “E” from September 28, 2010 to the business mark “F” and as the business mark “F” ( Address: 1 floor of the building in Ansan-gu, Ansan-si).

On December 26, 2011, the Defendant entered into a franchise agreement (No. 10; hereinafter “instant franchise agreement”) between E and E to operate “G store” using F’s business marks, etc. with the supply of goods from E. At the time of entering into the agreement, the Defendant was provided with an information disclosure statement (No. 5) containing the overall information on the franchise agreement and the franchise business at the time of entering into the agreement.

Article 7 (Period of Contract and Renewal) (1) This contract shall take effect from the date of conclusion of the contract and shall take effect for two years.

However, in case of renewal, the contract shall be extended every two years.

Article 15 (Payment of Price for Heat and Supply Products) ① (1) B (Defendants of franchisees; hereinafter the same shall apply) shall transfer Party A’s monthly royalties (1% of monthly sales (POS Standards) to Party A’s account or designated account by Party A for the use of business marks, other intellectual property rights, etc. owned by Party E (franchise E; hereinafter the same shall apply).

Article 21 (Business Standardization, Handling Items, and Sales Price) (1) B shall comply with the operation guidelines, manuals, etc. of franchise stores presented by A for the unity and standardization of franchise business and shall endeavor to maintain the reputation of A.

(2) Eul shall comply with the appropriate quality standards for goods and services presented by Gap, and shall sell and provide me New Zealand approved by Gap that does not impair the unity of franchise business to customers.

In addition, Eul's prior written approval should be obtained in the event of changing the main contents of new or business activities to be handled.

Article 22 (Raising and Management of Supply Products, etc.) (1) For the purpose of maintaining the unity of F brand by designating itself or partner companies, A shall be:

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