(영문) 서울남부지방법원 2018.08.24 2017가합113502

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(영문) 서울남부지방법원 2018.08.24 2017가합113502

인테리어 철거 등 청구의 소

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1. The defendant shall remove signboards on which the plaintiff's business mark is printed.

2. The defendant shall set forth in attached Table 2 List 2 to the plaintiff.

Reasons

1. Basic facts

A. The relevant Defendant entered into a franchise agreement with C Co., Ltd. (hereinafter “instant franchise agreement”) on April 23, 2015, and operated a posters “E store” in Yangcheon-gu Seoul Metropolitan Government D, and the Plaintiff is a company that took over all rights and obligations as a franchisor from C on May 11, 2015.

B. The Plaintiff notified the Plaintiff that the instant franchise agreement will be terminated on March 17, 2017, on the ground that the Defendant spreaded false information about the Plaintiff, damaged the image, divulged confidential information in the franchise agreement, and did not pay the AL management expenses, and notified that the instant franchise agreement would be terminated if it was requested to take corrective measures on three occasions on February 16, 2017, March 8, 2017, and March 13, 2017, and did not comply with the request. (2) The Defendant notified the Defendant that the instant franchise agreement will be terminated due to the Plaintiff’s cause attributable to the Plaintiff on March 22, 2017, and the Plaintiff consented thereto on March 22, 2017.

C. After the termination of the instant franchise agreement, the Defendant changed the signboard from “E” to “F” at the same place, and continues to run the posters business.

The Defendant (hereinafter referred to as “A”) and C (hereinafter referred to as “B”) of the major contents of the instant franchise agreement shall closely examine the provisions listed in the franchise agreement and enter into the A franchise agreement (hereinafter referred to as “A”) as follows:

Article 3 (Indication of Franchisees) The size of the E-store store in the name of the 264С (80 square meters) store shall be as follows: (1) A store established by the "A" under the "this Agreement" shall be located in Yangcheon-gu Seoul Metropolitan Government 4th franchisee B, a business operator registration number (Omission) (1).

Article 4 (Business Marks and Other Intellectual Property Rights) (1) "B" shall implement procedures necessary to secure exclusive rights to business marks and other intellectual property rights.

(2) “A” shall be as follows:

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