(영문) 서울남부지방법원 2018.06.21 2016가합106293

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(영문) 서울남부지방법원 2018.06.21 2016가합106293

영업지역 침해금지 등 청구의 소

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1. The Defendant’s KRW 305,755,013 as well as the Plaintiff’s annual 6% from August 22, 2017 to June 21, 2018, and the following.

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff entered into a franchise agreement with the Defendant who runs a food franchise business under the trade name called “C” and, on April 29, 2014, the Plaintiff entered into a franchise agreement with the Defendant and the Defendant, and the franchise store C in the Goyang-gu D building in Ilyang-si, Gyeyang-si (hereinafter “Japan store”).

Article 3 (Franchising Fee) ① Upon entering into a contract, the Plaintiff shall pay in cash in a lump sum to the Defendant the subscription fee of KRW 20,00,00 (Additional Tax Separate) at the time of entering into the contract. ② The franchise fee of paragraph (1) shall not be refunded in any case. ② The Defendant shall not permit the same business shop within the same business district to which the Plaintiff’s goodwill belongs, except in the case of special business districts such as large discount stores and department stores. ② In the case of paragraph (1), the first place of business shall be considered as the basis for the restriction on the scope of the area of the region where the Plaintiff operates more than one area, while the Plaintiff requests that the new place of business be used as the basis for the restriction on the scope of the area of the region where the Plaintiff operates more than one area, and the special agreement shall be applied in the case of conflict with the terms of this contract. The special agreement (special agreement) shall be entered into with the Defendant by changing the term “Franchising Fee” of Gyeonggi-do and Seo-gu.

(hereinafter referred to as the “instant franchise agreement”). A special agreement (the scope of the business rights) provides that the Defendant shall grant the business rights of the Il-dong-gu and Seo-gu in ancientyang-si and shall not establish a franchise store and a direct store in the relevant area.

B. The Defendant, around April 201, set up a c Ilsan Park, around April 2016.

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