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(영문) 전주지방법원 2016.09.09 2014가합7499
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 and the Plaintiff’s annual interest thereon from May 31, 2016 to September 9, 2016.

Reasons

In fact, the Plaintiff is a corporation that is established on March 8, 2013 for the purpose of processing, selling, etc. agricultural products and runs a soup franchise business with the trade name "C".

The defendant is a person who operates a soup point in Jeonju-si Da.

E and F shall enter into a franchise agreement with respect to the “C franchise business” as follows: The term “franchise business” in Article 2 (Definition of Terms) means a person who allows a franchisor to use his/her own trademark, service mark, trade name, signboard, or other business marks so that the franchisor sells goods (including raw materials and supplementary materials) or services in accordance with certain quality standards, as well as continuous business relationship with the franchisor in return for providing support and training on the management, business activities, etc. thereby. (ii) The term “franchise” means a person who allows franchise business operators to engage in sales and business activities using his/her own trade name, service mark, insignia, etc. and receives franchise expenses, regular payment expenses, etc. in return for such activities, and in return, receives franchise expenses, regular payment expenses, etc.

3) The term “franchise” refers to a person who is permitted by a franchiser to engage in business activities of selling goods by using his/her trade name, trademark, service mark, emblem, etc. and is under education, support, and control for such business activities, and pays franchise fees, regular payment expenses, etc. as a consideration therefor. 4) The term “franchise” refers to money paid by the Defendant to E in return for the franchise store operation right, trade name, and permission for use of a trademark, regardless of its name or form of payment, such as business mark usage fees, recreation fees, service charges, educational expenses, regular payment expenses, etc., which are all paid by the Defendant to E in return for such consideration, and the payment is completed once after a franchise agreement is concluded in money of the first membership fee in the nature of the consideration received for that consideration,

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