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(영문) 서울중앙지방법원 2020.12.16 2020나12669
손해배상(기)
Text

All appeals by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) Co., Ltd. are dismissed.

The extension of this Court to this Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant company as the parties is a company engaged in food franchise business, such as d's brand, coffee, etc. with the representative brand "D," and used in this Act, Article 2 (Definitions) of the Fair Transactions in Franchise Business Act (hereinafter "Franchis Business Act") is defined as follows.

1. The term "franchise business" means a continuous business relationship in which a franchiser allows its franchisees to use its own trade marks, service marks, trade names, signs, or any other business marks (hereinafter referred to as "business marks"; hereinafter the same shall apply) in selling goods (including raw materials and auxiliary materials) or services in conformity with certain quality standards or business methods, and supports, educates, and controls its franchisees in regards to their management, business activities, etc., and in which franchisees pay franchise fees to their franchiser in return for the use of business marks and the support and training provided for their management, business activities, etc.

2. The term "franchiser" means a business entity that grants franchisees a license to run a franchise store;

3. The term "franchise" means a business entity that holds a license granted by a franchiser to run a franchise store in relation to a franchise business;

4. The term " prospective franchisee" means any person who discusses or negotiates with a franchiser or a master franchisee with intent to sign a franchise agreement;

5. The term "franchise license" means a franchisee's contractual right to run a franchise store in relation to the franchise business of a franchiser;

The plaintiff is a franchisor prescribed in subparagraph 2, and the plaintiff is a franchisee prescribed in subparagraph 3 of Article 2 of the Franchise Business Act, who entered into a franchise agreement with the defendant company and operated a franchise with a license to operate a franchise store as follows, and the defendant C is a person who engages in artificial fishery in the trade name called "E".

B. On October 2015, the Plaintiff entered into the instant franchise agreement.

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