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1. The plaintiff's appeal and the selective claim added in the trial are dismissed.
2.The ancillary.
Reasons
1. Basic facts
A. The status of the parties and Defendant C are persons who work so-called “maltern baby” to help a mother’s postnatal care.
Defendant B is a father of Defendant C, and a person registered as a business operator of Seocho-gu Seoul Metropolitan Government E’s business.
Defendant C substantially operated “D”.
B. Around August 2012, the Plaintiff entered into the “Magdo branch contract” with Defendant C who vicariously performed the duties of Defendant B, with the following terms and conditions: (a) the term “Magdo branch contract” (the written body part is written in hand; hereinafter the “instant contract”).
D A contract shall be entered into between the principles of good faith and fair franchise business between the representative B (hereinafter referred to as "A") and D Branch Representatives A (hereinafter referred to as "B") for the same service nationwide due to the characteristics of postnatal care for the fair franchise business as follows:
Article 2 (Grant of Rights) (1) B shall have the right to operate in the Seocho-gu Seoul Metropolitan Government Area.
(3) A shall grant the following rights to operate a smooth business:
1. Use of trade name, trademark, service mark, emblem, etc.;
2. Provision without compensation of commodities, materials, various kinds of equipment, etc.;
3. Recruitment, education, management, and business support for the manager of the maternity manager of B by Gap;
4. The contract period of Article 3 (Contract Period) of the Use of Childbirth and Customer Center operated by A shall be three years from the contract date.
Provided, That the contract period may be extended through mutual consultation between A and B.
When the contract is terminated due to low business activities after three years, Gap shall pay 25,000,000 won to Eul and shall operate it directly.
Article 4 (Termination of Contract) A and B may, to the extent they violate this Agreement, take each of the following rights:
(1) B may terminate a contract where it has not complied with the credit in mutual cooperation and transaction relations with A or other branch offices.
2. The case where A and B violated this Agreement and the case where B cannot continue to operate the business.