Text
1. The Defendant’s KRW 200,000 as well as the Plaintiff’s annual rate of 5% from December 10, 2015 to June 7, 2017.
Reasons
1. The Plaintiff is a company that sells goods bearing the above trademark and engages in a franchise business based thereon as the holder of the trademark called “C” as follows:
On December 18, 2009, the Plaintiff paid monthly rent of KRW 5,000,000 and KRW 100,000 for the trademark, etc. with the Defendant. However, the Plaintiff entered into a franchise agreement with the Defendant (hereinafter “instant franchise agreement”) with a right to engage in business using the Plaintiff’s trademark and educational system for five years.
Article 3 (1) The educational institute to be established by this contract shall be as follows:
Article 6 (Contract Period and Renewal) Section 6 (Contract Period and Renewal) (1) of Eranpo City 403 square meters in the location of the Education Center and 142 square meters in the size of the Education Center shall take effect from the time both parties sign and seal their names and seals, and shall take effect for five years from the date of conclusion.
(4) If a person fails to notify the refusal under paragraph (1) or to notify in writing that he/she would not renew the franchise agreement between 180 days and 90 days before the expiration of the franchise agreement, he/she shall be deemed to have been automatically renewed for five years.
Provided, That this shall not apply where a franchisee raises an objection 60 days prior to the expiration date of the contract or there is a ground for termination of the contract to Gap or Eul.
Article 30 (Termination of Contracts and its Measures) If this Agreement is terminated due to the termination or expiration of the Agreement, the right to operate the Education Center shall be deemed terminated, and simultaneously with the closure of the Educational Center, the subsequent measures shall be taken as follows:
(1) B shall, without delay, remove the signboard on which the business marks under Article 4 (2) granted by A are printed, from the Plaintiff.
(8) Where Eul uses the trademark mark of the plaintiff and the system of the plaintiff A after the termination or termination of the contract, it falls under the use of the trademark without permission, and the period of use of the trademark without permission shall be the period of use of the trademark.