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(영문) 서울동부지방법원 2018.08.29 2017가합105362
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) created a plaza of the underground building of Songpa-gu Seoul Metropolitan Government D (hereinafter “instant plaza”) and received the right of free use from September 29, 1989 to September 28, 2008, instead of the donation to Seoul Metropolitan Government.

Areas subject to Restriction on Perusal or Duplication under relevant Acts and subordinate statutes;

B. The Plaintiff leased the shopping mall E (hereinafter “instant store”) within the instant plaza from C and operated a coffee shop from June 1993.

C. C terminated the lease contract with the Plaintiff and intended to directly operate the F convenience point at the instant store. However, upon receiving the Plaintiff’s request, C decided to accept the Plaintiff’s request, to allow the Plaintiff to operate the F convenience point.

Accordingly, on December 30, 2005, C entered into a lease agreement again with the Plaintiff on the instant store, and the Defendant, the franchisor of the “F” franchise store, is a contract in which the Plaintiff, the franchisee of the “G” franchise agreement with the Plaintiff on January 2, 2006, directly becomes a store lessee and operates convenience stores.

A. From January 20, 2006, the Plaintiff concluded a “H store” at the instant store. D.

On the other hand, C had been extended by five years until September 28, 2013 the period of free use of the instant plaza.

C and the original Defendant changed the lessee of the instant store from the Plaintiff to the Defendant on April 14, 2008, and the Plaintiff entered into a “I” franchise agreement (hereinafter “instant franchise agreement”) in the form of operating a franchise store entrusted by the Defendant, for convenience of return at the expiration of the period of free use after the vehicle.

At the time, the original Defendant entered into an additional agreement stipulating that the term of the contract shall be five years from January 1, 2008 to December 31, 2012, which provides that “At the time of re-contract in the area of restriction on perusal or duplication under the Acts and subordinate statutes, the franchise owner shall be granted the right to extend the term once to the franchise owner”.

The terms of the instant franchise agreement.

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