(영문) 서울동부지방법원 2020.04.17 2019가합103735

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(영문) 서울동부지방법원 2020.04.17 2019가합103735

경업금지 등

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1. The defendant shall pay 40 million won to the plaintiff and 20% per annum from April 13, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

가. 원고는 ‘C’이라는 영업표지를 사용하여 찜닭 관련 음식점 가맹사업을 하는 가맹본부이고, 피고는 원고와 가맹계약을 체결하였던 사람이다.

Article 2 (Definitions of Terms)

1. The term "franchise business" means a continuous business relationship with which the plaintiff allows the defendant to run a franchise store in accordance with certain quality standards and business methods using the trademark, service mark, trade name, signs, and other business marks of the C Act, and supports, educates, and controls the management, business activities, etc. incidental thereto, and the defendant pays a certain amount of franchise to the plaintiff;

3. The term "franchise fee" means money that a franchisee pays to a franchiser in return for granting a franchiser a franchise license to run a franchise store, for granting a license for the use of intellectual property rights, such as business marks, and for supporting in management for the opening of a franchise store;

Article 14 (Franchisort, etc.) ① The Defendant shall pay to the Plaintiff the franchise fee of KRW 5 million (excluding additional dues) and the contract performance bond of KRW 3 million (no additional dues) simultaneously with the conclusion of this contract.

(2) The Defendant shall undergo pre-sale training to operate the Plaintiff’s franchise business through the franchise agreement, and the Defendant shall deposit KRW 2 million of the educational expenses with the bank designated by the Plaintiff along with the franchise fee and the contract performance bond on the day following the execution date of the franchise agreement.

(3) The defendant shall pay royalties for the use of business marks, as consideration corresponding to the management of the franchise store, etc., and the defendant shall use the goods distribution business designated by the plaintiff or the company designated by the plaintiff, and shall perform the obligation to pay royalties.

Article 35 (Prohibition of Confidentiality and Competitive Business) (4) The defendant is prohibited from running the same kind of business or engaging in the same kind of franchise business in the same business area for one year after the termination of the contract with the plaintiff.

§ 36. Interests in arrears.

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