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(영문) 서울서부지방법원 2016.09.29 2016가합30586
계약해지확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in combination with the statements and images of Gap evidence Nos. 1, 3, 7, 8, 15, 16 (including the branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, 7, and 8, and the whole purport of the pleadings.

On March 27, 2012, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant and the Defendant, on the Seoul Mapo-gu Seoul Metropolitan Government C and 3 floors (hereinafter “existing stores”). The terms and conditions of the said franchise agreement include the Plaintiff’s franchise store A Red-2 points (hereinafter “instant franchise store”). The terms and conditions of the said franchise agreement include the following; the franchisor is “Plaintiff”; the contractual franchisor refers to “Plaintiff” and the franchisee refers to “Defendant” respectively.

Article 6 (Obligations of Franchiseess) A franchisee shall comply with the following obligations in addition to the obligations provided for in this Agreement:

5. Meeting appropriate standards that the franchiser requires with respect to facilities and the exterior of the place of business or means of transport;

9. If the franchiser does not obtain the consent of the franchiser, this contract shall enter into force on March 27, 2012 as of the date of entry into force of this contract and the period shall be three years from the date of entry into force of the contract until March 26, 2015.

Article 27 (Suspension of Provision of Goods, etc.) (1) In any of the following cases, a franchiser may suspend the supply of goods, etc. to a franchisee by giving a written notice specifying the relevant reasons 15 days prior to the date set for such suspension:

(B)

8. Where a franchisee pointed out his/her breach of duty under this contract from the franchiser and fails to take corrective measures within a reasonable period, the franchiser may terminate the franchise agreement if the cause under any subparagraph of Article 27 (1) exists to the franchisee;

In such cases, the franchisee shall be free to terminate the franchise agreement.

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