(영문) 서울남부지방법원 2018.04.06 2017가합108982

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(영문) 서울남부지방법원 2018.04.06 2017가합108982

가맹금 반환 및 손해배상청구의 소

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1. As to KRW 241,850,837 among the Plaintiff and KRW 13,11,111 among them, the Defendant shall pay to the Plaintiff KRW 241,850,837 from February 1, 2017, and KRW 228,739,726.

Reasons

Basic Facts

A. The Defendant concluded a business license agreement with Skin Hong Kong (hereinafter referred to as “Skin Hong Kong”), holding a regional business right of a subsssutute, a subsute, a subsute for subsute, is a franchisor that operates a subsute cosute in the Republic of Korea, and the Plaintiff is a cosute B cosute B (hereinafter referred to as “the instant subsute”).

B. On April 27, 2016, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant to operate the instant store as a member shop of the unscickers’ colons. The main contents are as follows.

(5) The management of the instant franchise agreement is automatically terminated or terminated upon the termination or termination of the franchise agreement between the Company and the Company on the grounds of the termination or termination of the franchise agreement between the Company and the Company on the grounds of the termination or termination of the agreement, and the management of the franchise agreement shall not make any claim against the Company, such as any damages, and shall not implement any action after the termination of the agreement set forth in Article 38 of the franchise agreement.

Provided, That this shall not apply where the termination of a contract between the company and Skin Hong Kong is due to intention or gross negligence of the company.

Article 3 (Management Principle Right and Duty as to Management) (1) The right to use the manual for construction of a subssssssututututic system and the manual for construction of a subsutics, information on goods, etc., and the forms of materials, etc. continuously provided with management know-hows and various management information by the subsuticsutics franchise system. (2) The right to use the signboards indicating the design of a trademark mark of a subsuticsutics, the design of a subsuticsututics, the signboards indicating a subsuticsuticsuticsutics, the signs indicating that the subsputics are cosuticsutics

(2) A business owner shall install indoor decorations, signboards, and facilities outside his/her store.

유사 판례

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