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(영문) 전주지방법원남원지원 2015.05.20 2014가단11889
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 26, 2013, the Plaintiff entered into a franchise agreement with the Defendant with respect to “B” of the brand name “B” (the “A” refers to the Defendant, “B,” and “the Plaintiff” refers to the Plaintiff; hereinafter “instant franchise agreement”).

Article 3 (Indication of Franchisees) (1) This Agreement takes effect from the date of signing and sealing by both parties, which is, for two years from the date of signing and sealing, from November 26, 2013 to November 25, 2015.

Article 7 (Independence of Parties to Contract) (1) "A" and "B" are independent business operators, respectively, and "B" are not agents or users of "A" and "B" have no authority to act on behalf of "A".

(2) The term "B" shall operate a franchise store at his/her responsibility and expense and also settle disputes, etc. with customers at his/her responsibility and expense.

(4) "B" has independently investigated and analyzed the current status of the operation of a franchise store and has not received a clear guarantee from "A" explicitly or implicitly with respect to the burden of risk on the operation of the franchise store, whether profit has arisen, sales, etc.

Article 8 (Site Selection) (1) “B” shall select the location of a store under his/her responsibility, and even if “B” advises on the selection of the location of “B”, the final decision shall be made “B” and the sales and profits of the store may be changed by changes in the management ability or conditions of “B”.

(2) The responsibility of "B" shall be to confirm the matters of authorization and permission, regulations, etc. related to open opening of a store.

Article 9 (Rotterdam Equipment at Store) (1) The term “B” shall complete the interior equipment at the expense of “B” according to the due diligence and examination of “A” in order to maintain the unity and originality of the whole franchise business before the opening of the franchise store, and shall maintain its condition during the contract period.

(2)

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