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1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 20% per annum from November 1, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a franchisor that engages in franchise business with the brand called “C”.
B. On June 7, 2018, the Plaintiff entered into a franchise agreement with the Defendant (the terms related to the contract for franchise are as follows), and the Defendant operated the business from the second floor of the Seocho-gu Seoul Metropolitan Government D Building with the trade name “C Seocho-gu”.
Article 2 (Adjustment of Terms) The term "same business type" means a business type in which competition on an information disclosure statement is prohibited.
Article 6 (Period of Contract and Renewal) (1) The term "this contract" shall take effect from the date of conclusion of the contract, shall take effect for a period of two years, and the contract shall be extended every year.
Article 19 (Duty to Prohibit Competitive Business) (1) "B" shall not operate the same business (including other member stores, independent stores, and franchise headquarters management) on the information disclosure statement in which the trade secrets of "A" are infringed upon by itself or in the name of any third party during the term of "A".
Article 33 (Termination of Contract) (2) In any of the following cases, the term "B" may terminate the term "B" if the document requested to correct the violation clearly is notified to A, and if the document is not corrected after one month has elapsed, it may be terminated:
(3) “A” or “B” may terminate this Agreement without a peremptory notice in any of the following cases:
3. Where “A” or “B” becomes unable to run a franchise any longer due to a natural disaster, significant personal reasons, etc., Article 35 (Penalty, etc.) ① In the event that “B” violates Article 18 (Duty of Confidentiality) within the term of the contract or after the termination of the contract, or violates Article 19 (Duty of Confidentiality)(1) within the term of the contract, “B” shall pay “A (Plaintiff)” the penalty for penalty for negligence,00 million won (50,000,000).
(3) "B" is a procedure under Article 33 (2) (Termination of Contracts).