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1. On January 1, 2018, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 350,395,106 and KRW 135,716,608 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company whose main purpose is the food service franchise business, and the Defendant completed trademark registration with respect to the above trade name as a company operating a restaurant called “C”.
B. On April 18, 2016, the Plaintiff and the Defendant concluded a partnership business agreement on the Defendant’s franchise store business using the Defendant’s “C” trademark (hereinafter “instant business”).
The main contents of the instant contract are as follows.
(hereinafter referred to as “A” refers to the Plaintiff; hereinafter the purpose of this Agreement is to grant Party A the authority to conduct various affairs, such as the recruitment, operation, and management of franchise stores, and to provide for all matters necessary for Party B to run the relevant franchise business and the rights and obligations of both parties.
Section 2 (Scope of Contracts) This Agreement is limited to franchise projects using "D" trademarks.
Article 3 (Period of Contract) (1) This Agreement shall be two years from the date of registration of the defendant corporation, and shall be from December 10, 2015 to December 9, 2017.
2. This contract shall be terminated on the date of expiration, and the renewal of the contract shall be made under the mutual agreement between A and B one to three months before the expiration of the contract period.
Article 4 (Rights and Roless A) (1) A shall grant B the right to exclusively use the trademark it owns.
(2) A shall have the authority to make a decision after receiving reports from B in relation to making decisions on overall policies for franchise business, such as the transfer of chain store skills and education related to domain new technology, and the termination of franchise agreements and termination thereof.
(3) A shall exercise overall control over planning and marketing necessary for franchise business.
(4) A shall play a role in the management and supervision of his/her duties.
Article 6 (Distribution of Profits) A and B shall distribute profits derived from franchise business as follows:
(1) A chain store shall be established.