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(영문) 서울중앙지방법원 2017.12.14 2016가합580901
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 19,892,078 and its KRW 1,597,410 among them, the Defendant (Counterclaim Defendant) from December 1, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a franchisee who was granted the Plaintiff the right to operate a franchise store using the Plaintiff’s trademark, service mark, trade name, signboards, and other business marks, and operated the KabrobbS S (BRS) C store (hereinafter “instant franchise store”) in Gangnam-gu Seoul Metropolitan Government. The Plaintiff granted the Defendant the right to operate the franchise store and received the payment for the right to operate the franchise store, and was established on March 9, 2016 as a franchisor who runs the franchise business.

B. On September 30, 2016, the Defendant entered into the instant franchise agreement (hereinafter “instant franchise agreement”) with the Plaintiff to operate the “BRSSSSS” (hereinafter “instant franchise agreement”). The main contents are as follows.

Article 1 (Purpose) The purpose of this standard contract is to present the terms and conditions of the contract between the Plaintiff (hereinafter referred to as “franchise”) and the Defendant of the franchise business operator (hereinafter referred to as “franchise”).

Article 2 (Definition of Terms) The terms used in this Agreement shall have the meanings as follows:

1. The term "franchise business" means a continuous business relationship in which a franchiser (including prospective franchisees) runs an food service business in accordance with its own trademark, service mark, trade name, signboards, or any other business marks (hereinafter referred to as "business marks") and provides its franchisees with support, education, and control over food service in accordance with certain quality standards or business methods, and franchisees shall pay franchise fees to a franchiser in return therefor;

2. The term "franchiser" means a business entity that grants franchisees a license to run a franchise store and the plaintiff;

3. The term "franchisee" means a franchisor in relation to a franchise agreement.

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