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(영문) 부산지방법원 2017.09.07 2016가단354516
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) shall not leak, disclose, promulgate, or promulgate any technical or managerial information useful for the business activities of the chain store without the company’s written consent, or use it for any purpose other than the sales business of B;

Article 10 (Matters concerning Contract Period) (1) Contract period shall be two years from the date of conclusion of the contract.

On November 20, 2015, the Plaintiff entered into a franchise agreement with the Defendant with respect to C stores (hereinafter “instant franchise store”) with the following content (hereinafter “instant franchise agreement”).

I. Our General Status

5. The information about the financial status of the preceding three business years (1) annual balance sheets and income statements us do not correspond to the business opening in 2014.

(2) The annual sales and specific criteria for calculating sales related to franchise business are the same as the business opening in 2014.

Ⅱ The current status of the D franchise business of a franchiser;

1. The date of commencing the relevant franchise business: October 28, 2009 * D established us on November 20, 2014 to operate a store directly operated by E, the representative director of us, as an individual entrepreneur, and to develop a franchising franchise business.

V. Conditions and limitations on business activities

1. Items of transaction subject to purchase and lease which you require or recommend to deal with with any particular trading partner shall be as follows:

Food materials, the main products of the franchise business, the headquarters and designated entity, and the solicitation for the procurement of the industrial products, including food materials and the raw materials of our country (satisfy items omitted).

B. The information disclosure statement concerning “D” franchise business (hereinafter “instant franchise business”) that the Defendant provided to the Plaintiff (hereinafter “instant information disclosure statement”) prior to the time of entering into the instant franchise agreement (hereinafter “instant franchise business”) includes the following:

C. On December 20, 2015, the Plaintiff paid the Defendant a franchise of KRW 5 million and KRW 2 million for educational expenses.

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