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Reasons
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(영문) 광주지방법원순천지원 2014.12.04 2014가단4914
손해배상(기)
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1. The Defendant’s KRW 32,787,150 for the Plaintiff and KRW 5% per annum from October 21, 2014 to December 4, 2014.

Reasons

1. Facts of recognition;

A. On January 22, 2001, the Plaintiff is a franchisor that engages in franchise business, such as spawn, by using the trade name, “Spawn-dong Spawn-dong,” and is established for the purpose of running a public restaurant facility and chain business.

B. On June 1, 2002, the Defendant was the Plaintiff’s franchise business operator, and established and operated “Songdong-si C” in B, and the provisions relating to the instant case in the franchise store agreement entered into with the Plaintiff on May 12, 2011 (hereinafter “instant franchise store agreement”) 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. Right to use a trademark, service mark, trade name, signboard, etc. (hereinafter referred to as "business mark") necessary for the operation of a store;

1. Title of store: C points;

2. Representative: The defendant;

3. Location of a store: Jeonnam-do B;

4. Scale of a store: 31 square meters;

5. Contract term: Articles 7 from May 2, 201 to April 30, 2013 (Measures Taken after Termination of the Contract) ① After the termination of this Agreement, the Defendant shall perform the following obligations:

2. Prohibition of use of the trademark, trade name, and all other business marks;

3. The removal shall be made within seven days from the end of all business indications, such as signboards, delivery vehicles, etc., and shall be restored to the original state.

5. Where the contract expires due to the expiration or termination of the period of prohibition of the use of the trade name and other similar advice of the franchisor, the Defendant promises the Plaintiff not to use the Plaintiff’s trade name.

(5) The amount calculated by adding 1,500 won per area (the area of a franchise store specified in this contract) for each violation of each subparagraph of Article 7 (1) to the Plaintiff shall be paid to the Plaintiff.

Article 8 (Franchisium, etc.) (1) In order to carry out this Agreement, the Defendant shall pay to the Plaintiff the amount of KRW 5,500,000 for the daily franchise (including additional dues) and KRW 3,000 for the daily deposit for goods.

The franchise shall be a business mark.

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