(영문) 부산지방법원 2018.03.22 2016가단331346

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(영문) 부산지방법원 2018.03.22 2016가단331346

손해배상

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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of KRW 6% from December 2, 2016 to March 22, 2018.

Reasons

1. Facts of recognition;

A. On May 1, 2015, the Plaintiff entered into a franchise agreement with the Defendant on May 1, 2015 (hereinafter “instant franchise agreement”) (hereinafter “instant store”), which was engaged in coffee franchise recruitment and operation business (hereinafter “C”), and the main contents relating to the issues of the instant franchise agreement are as follows.

1) The Plaintiff permitted the Defendant to operate a “A” store, and provided management guidance, support, and services through the franchise business system. The Defendant, based on the Plaintiff’s permission, management guidance, and support, operates a “A” franchise store, and pays a certain amount of consideration to the Plaintiff. 2) Under the instant franchise agreement, the Defendant, based on the instant franchise agreement, establishes a “F store” on the Busan Seo-gu G and the first floor.

3) The instant franchise agreement is the first contract term from May 1, 2015 to April 30, 2017. The contract term is from May 1, 2015 to April 30, 2017. If the Defendant requests the renewal of the contract before the expiration, the Plaintiff may not refuse it without justifiable grounds, and the renewal contract is valid for one year. The Defendant’s right to request the renewal of the contract may be exercised only to the extent that the total period of the contract does not exceed 10 years. 4) The Defendant shall pay KRW 165,00 per month to the Plaintiff as royalty in return for the use and management support of the Plaintiff’s trade name, trademark, service mark, insignia, etc.

5) The Defendant shall be supplied with the goods from the company designated by the Plaintiff, and the supply price therefor shall be determined by the Plaintiff, and the Plaintiff may not purchase the goods without the Plaintiff’s prior written approval. 6) The Plaintiff may terminate the instant franchise agreement where the Defendant breached its obligations under this contract (Article 39(1)7).

In such cases, the defendant shall be granted a grace period of not less than two months.

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