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(영문) 서울중앙지방법원 2017.08.25 2016가단5118021 (1)
손해배상(기)
Text

1. The Defendant’s KRW 15,400,000 and the Plaintiff’s annual rate of KRW 5% from April 26, 2017 to August 25, 2017.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entry of evidence A1 and 2, purport of the whole pleadings);

A. On February 1, 2014, the Defendant concluded a business contract with the Plaintiff for the recruitment of member stores in the Chungcheong area, as the franchise that runs the coffee chain business, with the trade name of “C”.

Details of the above branch office contract are as follows:

(hereinafter referred to as the “instant branch contract”). 【Business branch contract” (hereinafter referred to as “A”) [the Defendant and “B” refer to the Plaintiff) Article 2 (Contents of Business)

(a) Counselling any business starters with respect to his/her personal information and suggestions (such as telephone, website, etc.);

(b) Counseling about aspiring business starters (azine, a business start-up, etc.);

(c) Discovery of real estate;

(d) Advice for explanation of start-up business;

(e) Other affairs subject to consultation with Gap for the purpose of soliciting chain stores. Article 3 (Business Purposes, Scope and Authority)

2. Business areas for the recruitment of member shops of Eul shall be limited to the Chungcheong area (to the Chungcheong area, including Daejeon Metropolitan City).

3.A shall grant the business authority to enable B to engage in business activities for the solicitation of C Chains in the business areas referred to in the above two paragraphs.

Article 4 (Roles and Duties of Branch Offices)

1.B shall enter into a contract for inviting to enter into at least six member shops (as defined in the contract for soliciting member shops for this Agreement) within one year from the date of the execution of this contract.

section 5 (Term of Contract) The term of this contract shall be two years from the date of conclusion of the contract until January 31, 2016, and the term of contract may be extended after consultation with A and B.

Article 11 (Compensation, etc. for Damages) Where one of the parties has failed to perform any of the obligations under this contract due to any cause attributable to him/her, or has violated this contract, he/she shall compensate for

[Annex] - Special Terms and Conditions - Article 1 (Establishment of Member Shops) provides that prior to commencement of business activities for the recruitment of member stores, a member store directly operated by C member stores in the pertinent business area under the name of B, and comply with such activities.

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