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1. The Defendant’s KRW 5,093,864 as well as 5% per annum from May 30, 2018 to September 19, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On November 8, 2017, the Defendant entered into an E merchant franchise agreement (hereinafter “instant franchise agreement”) with the Plaintiff on November 8, 2017, which includes the following matters, with the Plaintiff’s son Co., Ltd. (hereinafter “D”)’s son Co., Ltd. (hereinafter referred to as “E”) supplied the Plaintiff’s E member stores according to a contract with the Plaintiff.
Article 1. The Plaintiff, a franchisor of the basic transactional relationship, grants the Defendant the right to operate a store using the “E” business mark as the developer of the franchise business called “E” for delivery, and provides management support, and the Defendant shall pay the Plaintiff the price for the use of the business mark and management support, etc.
Article 3: E store name 1: Representative of E store.
Article 6 (1) The plaintiff or defendant shall notify the other party of performance or correction by a document stating the grounds for termination of the contract at least twice with a grace period for at least two months in any of the following cases, and where such performance or correction is not made, the contract may be terminated by a written notice:
5. In the event that the Defendant is in violation of Article 21 (Raising and Management of Goods and Payment of Price), measures following the termination of the contract under Article 7 (1) must be immediately suspended from the use of all intellectual property rights, signboards, insignias, logos, etc. related to the operation of “E”, such as “E” systems, grouping, cooking, operating methods, and Know-Hows, and restore the original status by removing all the above business marks from all the goods of the Defendant within seven days at the Defendant’s expense.
(2) Removal, restoration and removal under paragraph (1).