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(영문) 인천지방법원 2019.02.15 2018가단226328
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) Defendant C is a non-party D Co., Ltd. (hereinafter “non-party D”)

(E) The Plaintiff established the “E” brand and operated the Compact-building restaurant franchise store. On March 9, 2017, Defendant C transferred the shares and substantial management rights of Nonparty F (Surety: Nonparty G) and Defendant C, but the food materials, etc. supplied to the relevant franchise store may be supplied by the Defendant C or a third party designated by Defendant C (hereinafter “instant transfer/acquisition agreement”).

(2) According to Article 11 (E)(1) and (3) of the instant transfer and acquisition contract, “F after paying the remaining amount, may directly supply and sell all food materials, such as special issues, name cards, etc., to the current franchise store and future franchise stores, and FF may directly supply and sell all food materials, such as special issues, name cards, etc., on behalf of the F or non-party company, if it is difficult for the F or non-party company to operate the company due to difficulties in its management, dishonor, or failure to supply its license and name to the existing franchise store. If the F or non-party company fails to comply with its obligations under this Article, it shall transfer the above franchise rights to the third party designated by Defendant C or the non-party company, through a written warning at least once, and if the F or non-party company does not comply with its obligations within a reasonable period of time, the F or non-party company may directly supply and sell food materials, such as special issues, name cards, etc., to the affiliated store to the F or non-party company.

B. On the other hand, the Plaintiff and the Nonparty Company enter into a trade agreement on September 27, 2017 with which the Plaintiff would supply the relevant food materials, etc. to the stores of the Nonparty Company and the Plaintiff.

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