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(영문) 수원지방법원 2018.01.10 2017가단5187
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2016, the Plaintiff entered into the instant franchise agreement with the Defendant to run a franchise business, etc. using the business mark called “C” (hereinafter “instant franchise agreement”).

Article 1(Purpose)The purpose of this Agreement is to prescribe all matters necessary for B’ (the term “B” refers to the Plaintiff) to participate in C franchise business of “A” (the term “B”) as a franchise store and to run franchise business by C franchise system, and to carry out it in good faith and cooperation and to contribute to the joint development.

Article 6 (Period of Contract and Renewal) (1) This contract shall take effect from the date of conclusion of the contract and shall take effect for two years.

However, the renewed franchise fee requires 1,320,000 won, and the one-year contract shall be extended when paid in full.

Article 19 (Duty not to Conduct Competitive Business) (1) No Party B shall conduct any same business (including management of other member stores, independent stores, and franchisors) in which trade secrets of Party A are infringed upon in its own or any third party's name during the term of this Agreement without permission of Party A.

Article 22 (Business Standardization, Handling Items, Sales Price) (1) For the unity and standardization of franchise business, Eul shall comply with the appropriate quality standards, guidelines for franchise store operation, manuals, etc. of commodities or services presented by Gap, and only mer New Zealand approved by Gap shall be sold and provided to customers.

In addition, Eul must obtain prior written approval from Gap in case of changing the main contents of new or business to be handled.

(2) Eul shall use essential purchased items presented by Gap necessary to maintain the unity of branding of franchise business and the uniformity of services and shall, in particular, maintain the uniformity of engineering and services by manuals.

However, there may be a partial change in essential products.

Article 23 (Raising and Management of Supplied, etc.) (1) A shall be himself.

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