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(영문) 수원지방법원 2018.05.08 2016가합82054
손해배상(기)
Text

1. The Defendant’s KRW 18,866,220 as well as 5% per annum from April 24, 2018 to May 8, 2018 to the Plaintiff.

Reasons

The Plaintiff may claim damages against the instant franchise store pursuant to relevant laws, including the Unfair Competition Prevention and Trade Secret Protection Act. (4) In the event that the instant franchise store violates Article 19 or 20, the instant franchise store shall pay to the Plaintiff a penalty of KRW 20 million per day as penalty. (5) In the event of a violation of Article 36 (1), the Plaintiff shall pay the Plaintiff a penalty of KRW 200,000 per day as penalty. (1) If the instant franchise agreement is terminated due to a cause attributable to the instant franchise store, the Plaintiff shall be paid the penalty of KRW 49 (such as penalty for termination of the franchise agreement) (including penalty for breach of the franchise agreement). After the date of termination of the franchise agreement (including penalty for breach of the franchise agreement), the number of remaining months before the termination of the term of the contract after entering into the franchise store 20,000 won 】 (10,000 won) Article 52 (3) of the Educational Expenses) of the Plaintiff, the Plaintiff’s representative of the instant franchise store, and the Plaintiff’s representative of the Plaintiff.

C. From November 2014, the instant franchise store operated the instant store using the instant trademark in accordance with the instant franchise agreement. Since August 18, 2015, the Plaintiff purchased and used materials at will without purchasing materials from the company designated by the Plaintiff. (ii) On August 28, 2015, the Plaintiff demanded the first correction of the instant franchise store, by sending the instant franchise store’s certificate of content to the Plaintiff, the Plaintiff violated the instant franchise store’s failure to purchase materials from the company designated by the Plaintiff. (iii) On April 7, 2016, the instant franchise store violated the instant franchise agreement, requiring the first correction of the said agreement.

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