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(영문) 대구지방법원 2018.12.13 2017가합208960
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 7, 2016, the Plaintiffs concluded a franchise agreement for the establishment of the Defendant and G stores (hereinafter “instant franchise agreement”) with the Defendant, the F franchiser, as the introduction of E operating the franchise of the said store (the foregoing store was not a franchise store. The Defendant had provided business start-up consulting).

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

After completing the Rotterdam construction, the Plaintiffs began to conduct G store business on October 21, 2016.

Article 5 (Matters to be Observed by Franchisers) In addition to the obligations prescribed in this Agreement, a franchisor shall observe the following matters:

1. Devising business plans for the success of franchise business;

2. Continuous efforts to develop recreations, food service management programs, etc.;

3. Providing franchisees with facilities for their stores and supplying them with commodities or services at reasonable prices and expenses;

4. Providing franchisees and their employees with education and training;

5. Article 9 (Grant of Franchise Operation Right) (1) Each franchiser shall grant franchisees the following rights to the extent necessary to enable them to run the food service in accordance with the franchiser's business system during the contract period:

1. A license for the franchiser's business marks;

2. The right registered or recorded in relation to the franchise business or the right to use trade secrets;

3. Right to be supplied with goods or raw or secondary materials;

4.Article 11 (Effective Date and Contract Period of this Agreement) of the right to receive transmission, guidance, education, and other managerial assistance (the date of entry into force of this Agreement) shall enter into force on August 7, 2016, and the period shall be two years from the date of entry into force of the contract until August 6, 2018.

Article 17 (Continuing Franchise Fees) (1) The details of continuing franchise fees that a franchisee shall pay to a franchiser are as follows:

- The amount of royalties (trademark user fees and management support fees) (1) Seoul Gyeonggi-do: Additional tax amounting to KRW 1,000,000 per month.

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