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(영문) 서울남부지방법원 2021.02.04 2020가단212181
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) shall pay 647,000 won to the Plaintiff (Counterclaim Defendant) and its related thereto from March 4, 2020 to February 4, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Article 2 (Definition of Terms) 2. The term “franchise” means a business entity that grants franchisees a license to operate a franchise store in relation to a franchise agreement.

3.‘franchise' means a business entity that holds a license granted by a franchiser to run a franchise store in connection with a franchise agreement;

7.‘business secrets’ means education manuals, operating manuals, technical training information and other technical or managerial information useful for business activities, which are not known to the public and have independent economic value, kept confidential by considerable effort of the franchiser.

Article 4 (Principle of Good Faith) A franchiser and a franchisee shall carry out their own business operations in good faith in running a franchise business in accordance with this franchise agreement.

Article 6 (Matters to be Observed by Franchisees) A franchisee shall observe the following matters in addition to the obligations prescribed in this Agreement:

1. To endeavor to maintain the unity of franchise business and the reputation of the franchiser;

2. Compliance with the unity of business, such as educational manuals and operating manuals presented by a franchiser;

3. Meeting the standards that the franchiser requires with respect to facilities and the exterior of the place of business or means of transport;

4. Maintaining and providing data on the integrated management of business and accounting of the franchiser, such as accounting books on central business, the management of students, revenue, and expenditure;

5. Permitting executives and employees of the franchiser to enter the business status of the chain store, executives and employees of the franchiser for verifying and recording the data under subparagraph 4, or other places of business of the agent;

6. To refrain from relocating the place of business or transferring the franchise license to any third party without the consent of the franchiser;

7. Prohibition from engaging in the same type of business as a franchiser during the franchise agreement period;

8. Prohibition from divulging confidential matters, such as the educational manuals, operating manuals, and on-the-job training manuals of a franchiser;

9. The business mark of the franchiser and others.

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