(영문) 부산지방법원동부지원 2016.06.29 2014가단218315

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(영문) 부산지방법원동부지원 2016.06.29 2014가단218315

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the coffee specialty and chain store distribution business.

B. On October 26, 2010, the Plaintiff concluded a branch contract with the Defendant with the content that the Defendant would invite the store and the store owner in the Seoul Gyeonggi-do Area.

(hereinafter “instant branch contract”). The main contents of the instant branch contract are as follows.

[Purpose] Article 1 [Purpose] The purpose of the Agreement is to assist the defendant in all necessary matters by clearly fixing the operation and servitude of A by concluding a contract for business operation with the defendant for the supply of A system.

Article 2 (Party to Contract and Roles)

2. The defendant shall cooperate so that operation A can be performed smoothly.

3. The Plaintiff has business rights related to the supply and business management A and concludes a contract with the Defendant for business rights of branch offices.

4. The defendant is supplied with a system A and operates a branch office A by inviting store users to run a franchise store with a franchise license.

Article 3 (Sharing of Works between Parties to Contracts)

1. The plaintiff performs the following items:

1) The Plaintiff has a right to operate A) The Plaintiff concludes a branch contract with the Defendant.

2. The defendant shall perform the following duties:

1) When recruiting a franchise store, the Defendant provided information about A to enable smooth operation. 2) The Defendant must clearly explain the establishment of the relationship between the Plaintiff and the Defendant when receiving the A system from the Plaintiff.

3) The Defendant shall faithfully provide the support that is not necessary for A management so that the Plaintiff may smoothly conduct the operation of A. 4) The Defendant shall make every effort to expand the business so that the supplied A system can smoothly proceed.

5) In order to protect the goodwill granted to the Defendant, the Defendant shall cooperate with the interests of the affiliated member stores as the top priority.

1. If the defendant violated the terms of the instant agreement, the plaintiff may demand correction thereof to the defendant.

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