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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 9, 2011, the Plaintiff, the representative of the D franchisor, entered into a franchise agreement with the Defendant B, setting the term of the contract on the Chungcheongbuk-ju branch office as of December 31, 201, which is an educational program for producing the flight aircraft model operated with Defendant B and a small electric mortar (the name of “E” in the early use of the name of “F”).
(hereinafter “instant franchise agreement”). Defendant C did not enter into the instant franchise agreement with the Plaintiff.
B. The main contents of the instant franchise agreement are as follows.
Section 6 (Duties and Rights of Franchise Operators) 4 franchise operators are designated by the franchisor and are not engaged in the same or similar type of business as that of the franchisor in the name of the franchisor or of a third party, without the franchisor's permission, with respect to all items necessary for the operation of branches, such as goods and supplies, which are classified as trade secrets of the franchisors, from suppliers designated by the franchisors. Section 9 franchise operators are not engaged in the same or similar type of business as that of the franchisors in the name of the franchisors or in the name of the third party during the duration of the contract, and for two years after the termination of this contract, franchisees are liable for all damages if they start up and support the same type of business in the name of the franchisors or in the name of the third party.
Article 7 (Prohibition of Unfair Trade Practices) No franchiser shall engage in, or cause any of the following business entities to engage in, any conduct that is likely to impede fair franchise business transactions:
Paragraph (3) of Article 15 (Initial Franchise Fee) (1) shall be used to give disadvantage to franchisees by forcing them to purchase, providing economic benefits or bear expenses, establishing or modifying unfair contract provisions, interference with management, enforcing sales targets, or providing other disadvantages.