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(영문) 수원지방법원 2015.09.24 2014가단506221
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 15, 2011, the Plaintiff, the representative of the C franchisor, concluded a franchise agreement with the Defendant on a branch office (Seoul F) with regard to the educational service of “D” (using the name “E” at the early stage of the business), which is an educational program for producing the flight machine model that is composed of the Defendant and a small electric circuit.

(hereinafter referred to as “instant franchise agreement”). (b)

The main contents of the instant franchise agreement are as follows.

Article 6 (Duties and Rights of Franchise Business Operators) Paragraph 4 of Article 6 (Duties and Rights of Franchise Operators) As designated by the franchisors, the franchisors under Paragraph 9 are not engaged in the same and similar type of business as that of the franchisors under their own or a third party's name during the existence of the contract from suppliers designated by the franchisors for all necessary matters concerning the operation of branches, such as goods and supplies belonging to the franchisors' operational secrets, while the franchisors are in existence of the contract, and the franchisors under Paragraph 13 of Article 6 (Prohibition of Operation of the same Type of Business for 2 years after the termination of this contract shall be liable for all damages if they start-up and support any type of business similar to the above contract brands by providing them to a third party.

Article 27 (Raising and Management of Teaching Materials and Teaching Materials, etc.) The details and prices of teaching materials and teaching materials, etc. to be supplied to the franchise business operators by the franchisor under paragraph (1) of paragraph (1) of the same Article shall be as in addition to [3]

Provided, That if it is necessary to change the supply details of teaching materials, etc. due to price fluctuations or other changes in economic conditions, the franchisor shall present the details of the change, the grounds for change, and the grounds for calculating the changed price to the franchise business operator in writing, and

The teaching materials, etc. that the franchisor does not supply or delays the supply without reasonable grounds may be directly procured and sold by the franchisor.

In such cases, the franchise business operator shall not harm the identity of the brand.

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