(영문) 서울북부지방법원 2016.05.12 2015가합20883

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(영문) 서울북부지방법원 2016.05.12 2015가합20883

부당이득금반환등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The defendant and the plaintiff use the trade name of “E” specialist under the condition that they faithfully perform this contract.

Article 3 (Indication of Head Office) The stores operated by the Plaintiff under this Agreement shall be as follows:

1. Location of store: Jongno-gu Seoul Metropolitan Government F;

2. Scale of the store: approximately 50 square meters;

3. Trade name: Article 4 of G;

1. “E” brand ownership is owned by the Plaintiff.

2. The Defendant can arbitrarily use the Plaintiff’s brand ownership from May 28, 2014 to May 27, 2017 (3 years) regardless of the Plaintiff’s brand ownership. The Defendant’s ownership of the entire franchise store that was entered into the Defendant’s franchise after the contract is terminated belongs to the Defendant, and the Plaintiff is not entitled to legal sanctions against brand ownership against the Defendant’s franchise store.

3. Upon the occurrence of a franchise store after the termination of the contract, the Defendant and the Plaintiff will proceed under mutual agreement.

Article 6 (Obligations of Plaintiffs)

1. To provide the defendant with cooking know-how and manuals, food, subsidiary material list, enterprise, unit price at 100% for the expansion of the project;

2.The rights and obligations as accompanying persons of the project, as well as cooperation in all business affairs.

3. It shall be permitted to actively participate in the development of main new technologies and to conduct field practice at the kitchen and main office for the education of chain stores.

4. An enterprise which trades at the head office to expand its business shall be designated after consultation with the defendant and the plaintiff;

(Obligation of Defendant)

1. The defendant shall conduct the education of franchise stores with the prior consent of the plaintiff when it is necessary to conduct the education of the plaintiff's store.

2. The defendant shall operate the business in good faith and faithfully perform all the obligations.

Article 7 (Distribution of Profits)

1. The defendant uses the plaintiff's store for the purpose of education and pays a daily amount of KRW 00,000 to the plaintiff every time of open education for each store.

2. The defendant uses the plaintiff's store as its principal office.

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