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(영문) 서울고등법원 2015.11.13 2015나5042
손해배상(기)
Text

1. Of the judgment of the court of first instance, the money that orders the payment of the following amounts to the plaintiff (Counterclaim defendant) A, C, and .

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1-1-4, Gap evidence 2-1-3, Gap evidence 4-1, Gap evidence 4-2, Gap evidence 7, Eul evidence 8-1 to 8, Eul evidence 3-7, Eul evidence 8-1, Eul evidence 8-1, Eul evidence 9, Eul evidence 10, and Eul evidence 10.

The defendant is a franchisor that has run the franchising business from around 1995 to the business mark called BB Q, and the plaintiffs are the former franchisees of the defendant.

B. In early 2012, the Defendant, including the conclusion of a franchise agreement, started to recruit a franchise store operator from around the time when the Defendant started to operate a franchise store in the name of “flusium flusium” in which customers may take orders for various kinds of crys new and coffees, etc. directly within the store, separately from the franchise store in the form of flusium delivery store, and the Defendant started to operate a franchise store in the name of “flusium flusium flusium.”

Accordingly, Plaintiff A entered into a franchise agreement with the Defendant on February 23, 2012 with respect to the Frush D, and Plaintiff B with respect to the Frush E on March 26, 2012, and Plaintiff C with respect to the Frush F on February 14, 2012, respectively, with respect to the Plaintiff’s original industry (hereinafter “Plaintiff’s original industry”), on January 25, 2012, the term of the contract was three years with the Defendant on the Frush Prush Prush (hereinafter “instant franchise agreement”), and the main contents are as follows.

Article 2 (Definitions) (5) Expenses that Eul (referring to the plaintiffs who are franchisees; hereinafter the same shall apply) pays to Gap (the defendant who is a franchisor; hereinafter the same shall apply) in connection with a franchise agreement shall be defined as follows:

1. Admission fee: The start of the first license for the use of BB Q business marks and the know-how for the operation of franchise business;

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