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(영문) 서울고등법원 2018.08.31 2018나2008758
경업금지 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against Plaintiff A, equivalent to the following amount ordered to be paid, shall be revoked.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or found in Gap evidence Nos. 1, 3, and 4 (including each number; hereinafter the same shall apply) by considering the whole purport of the pleadings.

[1] The Plaintiff G Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a company that runs a franchise business related to the inner specialty of the trade name, namely, “B,” in which the trade name was changed from B to G on January 13, 2017.

Plaintiff

A is the representative of the Plaintiff Company.

Around January 13, 2010, the Defendant concluded a franchise agreement (hereinafter “instant franchise agreement”) with the Plaintiff Company to grant the Plaintiff Company the right to operate a franchise store with respect to “D stores” and to pay the Plaintiff Company the management fee equivalent to 1% of the franchise fee and sales amount (hereinafter “the franchise agreement”).

[2] The following franchise agreements (No. 1; hereinafter “instant franchise agreement”) were prepared between the Defendant and the Plaintiff Company:

The main contents of the instant franchise agreement are as follows.

Article 6 (Contract Period and Renewal) (1) This Agreement shall become effective from the time when both parties sign and seal their names and seals, and shall become effective for two years from the date of conclusion.

except as otherwise provided in this Agreement.

(2) If the Defendant requests the renewal of the franchise agreement between 180 and 90 days before the expiration of the franchise agreement, the Plaintiff Company may not refuse it without justifiable grounds.

(Attachment) (Attachment omitted) If the Plaintiff Company fails to notify its rejection or to give written notice to the Defendant that it would not renew the franchise agreement between 180 and 90 days before the expiration of the franchise agreement, a new franchise agreement shall be deemed to have been concluded under the same conditions as the franchise agreement before the expiration of the agreement.

However, the contract is concluded by the defendant.

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