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(영문) 서울중앙지방법원 2019.09.20 2018가합563788
가맹계약 종료 예정통지무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a corporation that runs the manufacture, sale, etc. of ginseng varieties and ginseng products using the business mark called “C”, and is a franchisor to which the Fair Transactions in Franchise Business Act applies (hereinafter “Franchising Business Act”).

B. On October 9, 2007, D entered into a franchise agreement with the Defendant, and operated “F store” at a store located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant franchise store”). On November 22, 2012, D transferred the instant franchise store and its business rights and obligations to G, who is the Plaintiff’s mother, to G, KRW 177,43,00 (price of KRW 77,433,00,000, KRW 50,000,000,000 for goods, facilities, equipment, and fixtures, and KRW 50,000,000 for sales rights).

In the process of the above transfer of business, D and G requested the Defendant to approve the above transfer of business on October 15, 2012, and the Defendant approved the above request on November 8, 2012.

C. Since then, G decided to transfer the instant franchise store to the Plaintiff, ASEAN, and requested the Defendant to approve the said transfer of business on April 29, 2015, and the Defendant approved the said transfer of business on May 19, 2015.

On June 9, 2015, the Plaintiff entered into a franchise agreement with the Defendant during which the term of the franchise agreement was from June 12, 2015 to October 8, 2015 (hereinafter “instant franchise agreement”). D.

On September 21, 2017, the term of the instant franchise agreement was renewed twice a year, and on which the contract was renewed, the Defendant sent to the Plaintiff, on September 21, 2017, a content-certified mail stating that the right to request renewal of a franchise agreement was expired legally guaranteed pursuant to Article 13(1) of the Franchise Business Act, and that the decision was inappropriate as a result of the examination on the renewal of a franchise agreement was made, but the period of termination of the franchise agreement

Accordingly, the term of the instant franchise agreement was renewed once more from October 9, 2017 to October 8, 2018.

E. On June 15, 2018, the Defendant will terminate the instant franchise agreement to the Plaintiff as of October 8, 2018.

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