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1. The plaintiff's appeal and the defendant's appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
Reasons
1. Basic facts
A. The Plaintiff related to the parties is a franchisor that engages in franchise business concerning a restaurant, such as spawn, using the trade name, “Spawn Spawn Spawn,” as a stock company established for the purpose of running a popular restaurant facility and chain business.
The defendant is a franchisee who has been granted a franchise license from the plaintiff.
B. On June 1, 2002, the Plaintiff and the Defendant entered into a franchise agreement with the Defendant to operate the “Sangdong-si C” store in B (hereinafter “instant store”).
The defendant has renewed the franchise agreement while operating the above store, and the contents of the franchise contract which was renewed on May 12, 201 (hereinafter "the contract of this case") related to this case are as follows.
Article 3 (Grant of Rights and Indication of Chain Stores) (1) The following rights shall be granted to the defendant so that the defendant can smoothly operate the store of "Songdong-dong Haak":
1. The right to use a trademark, service mark, trade name, signboard, etc. (hereinafter referred to as "business sign") necessary for the operation of a store.
1. Store name: C points;
2. Representative: Defendant;
4. Store size: 31 square meters (=102.3 square meters).
5. Contract term: Article 7 (Measures after Termination of the Contract) (1) From May 12, 2011 to April 30, 2013, the defendant shall perform the following obligations:
2. It appears that the trademark, trade name, and any other business indication “business mark” is the meaning of “business mark.”
prohibition of use
3. All business indications, such as signboards, delivery vehicles, etc. shall be removed within seven days after the end of each week, and shall be restored to the original state.
Article 9-2 (Predetermined Amount of Damages) (1) The plaintiff or defendant who is responsible for termination of the contract after establishing the store.