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(영문) 서울중앙지방법원 2018.02.06 2017가단5136743
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant has operated a restaurant (hereinafter “instant restaurant”) with the trade name “D” in Jongno-gu Seoul Metropolitan Government for a period of 20 years.

Article 1 (Purpose) The purpose of this Agreement is to provide for all matters necessary for A (the plaintiff; hereinafter the same shall apply) to run franchise business through the franchise store system by using Eul's store as its head office in order to run franchise business under the store E (E) of B (the defendant; hereinafter the same shall apply), and to faithfully perform it with mutual trust and cooperation, and to contribute to the joint development.

Article 2 (Scope of Trade Name) A and B shall be the use of the trade name of the “E” specialist subject to the good faith implementation of this Agreement.

Article 3 (Indication of Head Office) The stores to be operated by Section B 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 vested in B.

2. A may use “E”’s brand ownership at will regardless of B’s brand ownership from May 28, 2014 to May 27, 2017 (3 years) from May 27, 2017, and the ownership of the entire franchise store that was open to A’s franchise business after the termination of the contract belongs to A, and B’s brand ownership is not entitled to legal sanctions against B’s brand ownership.

3. When a chain store occurs after the termination of the contract, A and B shall proceed under mutual agreement.

Article 5 (Term of Contract)

1. The term of validity of this contract shall be three years from the date of the conclusion of the contract and shall be automatically extended every one year in the absence of an expression of intent to terminate the contract no later than 30 days before the expiration date of the contract.

2. B shall compensate Party A for any damage incurred during the remaining period when the contract period is earlier than the contract period.

Article 6 (Obligations)

1. Making cooking, know-how and manuals, meals, list of subsidiary raw materials, enterprises, and enterprises to expand their businesses;

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