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(영문) 춘천지방법원원주지원 2016.08.18 2015가합5787
손해배상(기)
Text

1. The Defendant’s KRW 103,627,153 as well as the Plaintiff’s annual 6% from April 29, 2016 to August 18, 2016, and the following.

Reasons

Basic Facts

A. On July 31, 2012, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, whereby the Defendant as the franchisor and the Plaintiff as the franchise business operator entered into the Plaintiff’s franchise agreement to operate the Trabstop franchise store in the name of “Blus” (hereinafter “instant franchise agreement”).

B. The contents of the instant franchise agreement pertaining to the instant case are as follows.

Article 3 [Grant of Right] ① The right granted by “A (referring to the defendant; hereinafter the same shall apply)” (referring to the plaintiff; hereinafter the same shall apply) for the business of the franchise store

2. The right to be supplied with goods from “A”;

3. A right to receive education on the operating manuals necessary for a franchise store (hereinafter referred to as the "franchise") (1) of Article 4 (Duties of the franchiser (hereinafter referred to as the "franchise"))

(2) Efforts shall continue to be made for the quality control of commodities or services and the development of sales techniques.

(3) The term "B" shall be supplied with installation of chain store facilities, goods, services, etc. at reasonable prices and expenses.

(4) The education and training of employees of "B" and "B" shall be conducted.

(5) The term "B" shall provide continuous advice and support for management and business activities.

(6) endeavour to resolve disputes through negotiations and dialogues with B.

(7) The opening guidance and opening guidance of "B" shall be conducted to perform the duties of hydroba management after such opening.

(8) An employee of "A" shall be dispatched to an employee of "A" to check the management guidance and performance of the franchise store operating manuals.

Article 17 (Advertisements and Promotions) (2) Detailed matters concerning the frequency, timing, media, etc. of advertisements and promotion shall be determined by "A" according to the smooth operation and needs of franchise business.

(7) The terms "A" and "B" shall be integrated management of "A" with respect to the operation of TV contents installed in the franchise store of "B" by concluding a contract for the operation of the PDP video contents for the BDP franchise store (Attachment 3).

[Ground of recognition] Facts without dispute, Gap evidence No. 2-1, the purport of the whole pleadings.

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