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1. The Plaintiff:
A. As to Defendant B’s KRW 26,690,00 and KRW 900,00 among them, Defendant B shall be from December 12, 2016 to KRW 90,00.
Reasons
1. Basic facts
A. The Plaintiff’s status and registered service mark Plaintiff is a person who runs franchise, business consulting, food materials distribution business with the trade name of “E,” and has the right to the registered service mark (hereinafter “instant service mark”) and the registered service mark (hereinafter “F”) with respect to the interior and exterior of urban village containers as follows, and runs a business of mutual franchising franchise with the trade name of “E” from around 208.
1) The service mark A) date of application / the registration date / registration number: G/H/I (B): The designated service mark of Category 43 (one-type city restaurant business, Japanese-type restaurant business, and first-class specialized restaurant business): The mark is marked in attached Table 1.
2) Date of application/registration date/registration number of the registered design inside an urban village container: A description and drawings of the design in J/K/L (D) design: The description and drawings of the design in the attached list 2 are as shown in the attached list.
3) Date of application/registration date/registration number of a design other than an urban development container: A description and drawings of a design for M/N/O: The description and drawings of the design for a single-use city box are as shown in paragraph 3 of the attached Table.
B. On January 16, 2016, the Plaintiff entered into a franchise agreement with Defendant D on the first floor of Incheon Gyeyang-gu with the term of contract specified two years, using the instant service mark, etc., and concluded the franchise agreement with Defendant B on February 16, 2016 regarding the operation of “Fsan Points” and the franchise agreement with Defendant C on July 21, 2016 regarding the operation of the “Fsan Point” with Defendant C with the term of each contract period of two years (hereinafter the Plaintiff entered into the said franchise agreement with the Defendants as a package of “each of the instant contracts”).
2) The part of the contract provisions under each of the instant contracts (hereinafter “instant contract provisions”) is as follows.