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(영문) 서울중앙지방법원 2019.08.28 2018가단5232105
위약벌
Text

1. The plaintiff's respective primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

가. 원고는 프랜차이즈업, 식품, 식자재 제조, 가공 및 도ㆍ소매업 등을 목적으로 하는 회사로서 ‘F’라는 영업표지로 김밥, 떡볶이 등을 파는 외식가맹사업 등을 영위하는 가맹본부이다.

Defendant B and D are franchisees who entered into a franchise agreement with the Plaintiff and Seoul Songpa-gu Seoul Metropolitan Government “H literary store” (hereinafter “instant franchise store”), and Defendant C is the mother of Defendant B and Defendant D.

B. As of February 10, 2018, Defendant C and E entered into a joint agreement with Defendant C, E, and I to jointly engage in the Furri chain store business, and with Defendant C, E, and I to jointly engage in the management and operation of employees, Defendant C, and E to take charge of investment and store management, such as the cost of acquiring branches and public relations, and 30% of profits.

C. On May 31, 2018, Defendant B and D entered into a contract for acquisition and transfer of the right (including security deposit 20 million won) with the J to acquire all of the business, such as tangible and intangible assets, etc. of the instant franchise store from the J to KRW 210 million (including security deposit 20 million).

In the above contract, the special agreement stated that “I shall exercise overall control over all businesses without investing funds, and increase the sales, and the shares shall be divided into equal (1/3).”

(hereinafter “this case’s acquisition of business”). D.

Defendant B and D registered the instant franchise store in the name of “H literary store” on June 18, 2018.

E. On June 26, 2018, Defendant B and D entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Plaintiff during which the term of the instant franchise store was set from July 1, 2018 to June 30, 2020 with respect to the instant franchise store.

The parts relating to the instant case in the instant franchise agreement are as follows.

(A) “A” and “B” refer to Defendant B and D. Article 7(Matters to be Observed).

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