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1. Revocation of the first instance judgment.
2. The Defendant: (a) KRW 24,592,270 for the Plaintiff and its related thereto from August 7, 2015 to April 8, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company established on June 29, 200 for the purpose of food miscellaneous wholesale and retail business, chain restaurant business, etc., and G, a shareholder (50%) and in-house director, is operated by G.
B. On December 27, 2011, E registered as a business operator with the Plaintiff’s shareholder (30% of equity ratio) and G’s spouse, and with the name of “N,” which covers chain business, etc., as a business item. On or around December 2012, E registered the service mark “N” and “F” with the Korean Intellectual Property Office as a designated service business entity for restaurant chain business, etc. as “F” as the trade name used in entering into a franchise agreement with the Defendant and used “F,” and completed the registration on the P date by filing an application for registration of the service mark “D” with the Korean Intellectual Property Office as a designated service business entity.
D The purpose of this Agreement is to make prior arrangements for the opening of, and procedures for, Daegu Subdivision (Seoul Gyeong-Gyeongbuk Branch). The purpose of this Agreement is to make prior arrangements for, the main points of the Agreement.
D In order to mutual benefits between the Plaintiff of the franchise business operator (hereinafter referred to as the “former Company”) and the Defendant (hereinafter referred to as the “member shop”) representative of the Daegu Subdivision (Seoul-Seoul) of the D, the Defendant agreed to faithfully comply with and implement each of the following provisions and enter into a contract.
Article 8 (Period and Renewal of Contracts) The terms of this Agreement shall enter into force immediately from the date of execution of the Agreement, and the term of validity of the contract shall enter into force until the date of execution of the Agreement.
C. On March 26, 2015, the Defendant entered into a prior contract with the Plaintiff (hereinafter “the instant prior contract”) with a view to operating a mutually specialized restaurant of “D” in Daegu.
On April 3, 2015, the Defendant entered into the instant franchise agreement (hereinafter “instant franchise agreement”) with regard to “D Daegu Branch (Seoul-Seoul)” (hereinafter “the instant franchise agreement”).