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(영문) 서울중앙지방법원 2016.11.08 2015가합570860
계약해지확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 19,228,00 to the Defendant (Counterclaim Plaintiff) and its amount from April 30, 2016 to November 8, 2016.

Reasons

1. Basic facts

A. The status of the party is a company whose purpose is the wholesale and retail business of clothing, the franchise business of clothing, the clothing manufacturing business, etc., and the defendant is a company with the purpose of franchise business, management consulting business, the uniform lending business, and the sirening business.

B. 1) C entered into the instant franchise agreement and joint operation agreement with the Defendant on March 2, 2015, with the stores for double-doing sale and lease, and engaged in the business of double-doing and double-do lending in the “F” brand with the stores for double-doing sale and lease. Around November 2014, G and H decided to engage in franchising as a F brand by referring to the size of the store, and C established the Plaintiff on December 3, 2014, and G and H established the Defendant on January 28, 2015, respectively. (2) On March 2, 2015, the Plaintiff entered into a franchise agreement with the Defendant on the franchise right and the exclusive supply agreement with the use of trademark rights (hereinafter “instant franchise agreement”). The main contents related to the instant case are as follows:

A: Plaintiff B: The purpose of this Agreement is to provide for both parties’ obligations in concluding that Party B and Party B’s “F” has exclusive rights to use domestic and overseas franchise business rights and trademark rights, and that both parties’ obligations are to enter into a contract for the exclusive supply of Korean and overseas franchise business rights and trademark rights.

Article 2. Franchises Rights

1. A shall grant both domestic and foreign “F” franchises and trademark rights, trademark rights, and Korean uniform supply contracts to B.

2. Eul may enter into a contract with Gap to enter into a franchise agreement right and franchise store with a domestic or foreign country, region, and designated area.

3. A is entitled to give notice to B and enter into a contract with B when either a domestic or foreign third business operator or an individual or corporation’s “F” franchise who has a will to run a franchise business.

Article 3(Manufacture and Supply of Korean Uniforms) sets out all the matters to be supplied and sold to A’s member stores of Korea Uniforms.

7.

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