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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the Busan Dong-gu to the defendant (Counterclaim plaintiff).
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On January 27, 2011, the Plaintiff and the Defendant entered into a franchise agreement between the Plaintiff and the Defendant as the convenience store stated in the purport of the claim (hereinafter “instant convenience store”) between the Defendant and the Defendant, who is engaging in the business of entrusting railroad station services, etc.
(2) As to the operation, the term of contract is determined from January 27, 2011 to January 31, 2013; and the term “the first franchise agreement in this case” refers to the term “the term of contract” (hereinafter referred to as “instant first franchise agreement”).
(2) On January 25, 2013, the Plaintiff entered into a franchise stores renewal agreement (hereinafter “instant secondary franchise agreement”) with the Defendant, setting a contract term from February 1, 2013 to January 31, 2014, with respect to the operation of the instant convenience store.
3) On December 31, 2013, the Plaintiff entered into a contract with the Defendant for the renewal of franchise convenience stores (hereinafter “instant third franchise agreement”) with the term of the contract with regard to the operation of the instant convenience store from February 1, 2014 to January 31, 2015.
Article 39 (Contract Terms). (Contract Terms) The issues in this case are as follows:
1. The term of the contract shall be two years counting from the opening date.
2. When the franchise performs faithfully the obligation of the franchise store contract and applies for the renewal of the franchise after the expiration of the franchise contract term, the contract shall be determined on an annual basis by evaluating the fulfillment of the contractual obligations during the previous contract term, and it may be concluded up to three occasions;
However, if a warning is given more than twice in violation of Article 43(2) of the contract, it shall be excluded.
3. The plaintiff shall file an application for re-contract under paragraph (2) at least four months prior to the expiration of the contract term, and the defendant shall determine whether to extend the application by evaluating the overall operational ability of the plaintiff and the performance of the contract terms, and notify the plaintiff of the decision three months prior to the expiration
Provided, That the following shall not apply:
1. Application for bankruptcy, composition, etc. to the plaintiff or the defendant.