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(영문) 서울고등법원 2016.03.03 2014나2031941
기타(금전)
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. 1) The Defendant, a company established for the purpose of food manufacturing and wholesale business, franchise business, restaurant business, etc., is running a franchise business with respect to the specialized points. 2) On December 24, 1997, the Plaintiff entered into a franchise business agreement with the Defendant on December 24, 1997, with the Defendant, for the Plaintiff to supply goods to the franchise stores in the business area, while operating the Gyeongsan-si, Changwon-si, Si, Si, Si, Gu, Si, Gyeong-si, and Si, Gyeongnam-si, which are located in the business area, and to conduct the recruitment and management of franchise stores (hereinafter “instant franchise agreement branch”). The contract renewal was continued thereafter.

B. The contents of the instant franchise agreement and the main contents of the instant franchise agreement are as follows.

Article 5 (Plaintiffs, hereinafter the same shall apply) shall purchase goods at the method and price designated by A (the defendant; hereinafter the same shall apply) in an enterprise designated by B (the plaintiff, hereinafter the same shall apply) for the unity of a unique massage in purchasing and selling goods, raw materials, alcoholic beverages, etc.

(2) Eul may self-production only for approved items A and supply them to chain stores within the easements.

Provided, That in such cases, all kinds of permission shall be obtained, as prescribed by the relevant statutes or the franchiser.

If B entered into this accounts, A may treat the relevant supply in the transaction of A, and if the damage is incurred to A, B shall compensate for it.

Article 13. A store management agency shall continuously manage the store in accordance with the management regulations of the franchiser in order to maintain the unity and improve the operating capacity of the affiliated franchise store.

Where a franchise store violates a franchise agreement, the franchiser having authority to take measures against the franchiser under Article 15 may notify the franchise store of business corrective measures or termination of the contract under the name of the franchiser or branch office.

Article 16 Prohibition of Voluntary Alteration shall be as follows:

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