logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.01.11 2016가단11697
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 26, 2015, Defendant B registered Defendant C with the trade name of “E” in order to run a franchise business that sells brea and drinking water and ice water with the trade name of “D”.

B. On February 12, 2016, the Plaintiff entered into a branch contract with Defendant B (hereinafter “instant branch contract”). The main contents of the instant branch contract are as follows.

Article 2 [Definition of Terms] The term "branch contractor (Defendant B)" shall be entitled to allow "branch contractor (Plaintiff)" to conduct business activities by using his/her trade name, trademark, service mark, emblem, etc. and to conduct business activities by selling goods in the same image as that of himself/herself, generate mutually agreed profits, and to provide education, support, control, etc. for such business.

Article 5 [Field of Main Company and Branch contractor] (1) The head office shall be responsible for the transfer of old-ages, etc. for the development of Qua New.

(2) The head office shall be responsible for the delivery of the items consulted upon by the branch contractor from the main contractor.

(6) A branch contractor shall deliver items necessary for business from the branch to the head office upon receiving orders from the branch office, and shall make payments from the branch office prior to its delivery.

Article 7 [Termination of Contract] Head Office or a branch contractor shall notify in writing the head office or a branch contractor of performance or correction within a specified period of at least two weeks in the following cases, and the contract may be terminated unless the implementation or correction is not made:

2. Where the head office does not supply, manage support, etc. for the commodities and materials agreed upon, or delays without justifiable grounds, Article 9 [payment for franchise fees and for the price of commodities] (3) The branch contractor shall dispose of the commodities, raw materials, expendable goods, and other payments from the head office to the bank district accounts designated by the head office, and the head office shall deliver them immediately after checking deposits;

Article 22 [Suspension of Supply of Goods] (1) The head office shall be for the branch contractor after giving prior notice in writing one week in the following cases:

arrow