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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
Reasons
1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in Gap evidence 1 to 5 (including each number; hereinafter the same shall apply) and Eul evidence 1 to 4, taking into account the whole purport of the pleadings:
The Plaintiff was established on February 17, 2010 for the purpose of food manufacturing and distribution business, coffee, and bakeries baking, and was engaged in the franchise business of the ice scam-type scam-type scam-type scam-type scam-type scam-type scam-type scam.
B. On October 1, 2010, the Defendant entered into a franchise agreement with the Plaintiff to operate Aarbu D (hereinafter “instant franchise agreement”) for two (2) years from the date of entering into the agreement (hereinafter “instant franchise agreement”), and on September 26, 2012, the term of the contract was renewed on October 1, 2012 to September 30, 2014, and the provisions relating to the instant case in the renewed franchise agreement are as follows.
Article 6 (Site Selection and Business Area) (4) The Plaintiff and the Plaintiff’s affiliated company may attach to the business area chosen by the Defendant, after considering the regional characteristics, etc. within a range of 500 meters in radius based on the store, indicate and attach the scope as a guidance, and determine the business area according to the conditions of the business district, etc. in which
A member store and direct store of the same trade within the scope of the contract period shall not be established.
However, when it is necessary to establish a franchise store and a direct sales store for the convenience of consumers, the plaintiff may change the business area with the consent of the defendant during the contract period.
Article 15 (Payment of Price for Streets, Advertising Fees, and Goods Supplied) (1) The defendant shall pay the plaintiff 1,00,000 won per month for continuing the franchise store operation right, such as the business marks owned by the plaintiff and the use of other intellectual property rights.