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(영문) 서울중앙지방법원 2016.01.22 2014가합59304
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 introduced the instant franchise business (hereinafter “instant franchise business”) to a company that directly manages accommodation franchises, recruits and operates franchise stores, etc., and to the Plaintiff, “B” and “B” to the Plaintiff.

B. The business opening statement that the Defendant presented to the Plaintiff (hereinafter “instant business opening statement”) contains the title of “the expenditure by sales,” and the title of “B” provides for the following matters: (a) if there are 20 guest rooms of the pertinent accommodation facilities, the rate of use by the guest room is 50% from 10% to 100% from 50% from 10% from 10% from 10% from 10% from 10% from 20% from 20% from 20% from 20% from 20% from 30% from 10% from 20% from 10% from 10% from 10% from 20% from 20% from 10% from 10% from 10% from 20% from 20% from 10% from 10% from 20% from 10% from 1

Article 3 (Indication of Franchisees) (1) A chain store which is established by Eul under this Agreement shall be as follows:

3. Trade name: Section 7 (Independence of Contracting Parties) ① and Section B respectively are independent operators, and Section B is not an agent or employee of Section A, and Section B does not have any authority to act on behalf of Party A.

(2) Eul shall operate a franchise store at his/her responsibility and expense and settle disputes, etc. with customers at his/her responsibility and expense.

(3) Eul shall have not only the authority to employ and dismiss his/her employees, but also the employer shall have all responsibility for the employee.

A is not responsible for the labor relations of B and its employees.

(4) Eul shall independently investigate and analyze the current status of the operation of this franchise store.

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