(영문) 인천지방법원 2016.07.22 2015가합737

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(영문) 인천지방법원 2016.07.22 2015가합737

위약금등

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1. The Defendant (Counterclaim) should not use the business mark “balwing” as indicated in the attached Form.

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Basic facts

A. On May 3, 2014, the Plaintiff and the Defendant’s Plaintiff entered into the instant contract with the Defendant as a company engaged in the external franchise business (on the basis of the trademark called “land franchis” (hereinafter “instant business mark”) registered as indicated in the separate sheet, and entered into the instant franchise agreement with the Defendant by setting the franchise fee of KRW 10 million, deposit amount of KRW 5 million, and KRW 3% of the monthly sales of royalties (value added tax separate); the contract period from May 3, 2014 to May 2, 2016; the location of the store; the Defendant’s trade name using the said business mark of KRW 103 and 104, and the Plaintiff’s trade name using the said business mark as “land franchis” (hereinafter “instant store”); and around the time, the Defendant entered into the instant franchise agreement with the Defendant using the instant business mark.

The main contents of the instant business marks and contracts are as follows.

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchise Business Operators) (2) Procurement and management of goods.

1. The “Mere-Standardization” is to increase the convenience of customers so that customers may feel a uniform image at any time in order for customers to feel the same satise.

Furthermore, it is pursuing the joint development of the whole franchisees by enhancing the brand loyalty, brand reliability, and enhancing the customer's brand reliability.

Therefore, the defendant must be supplied by the plaintiff with essential items for the unity of franchise business (such as the meat, spice, and so on of the required items listed in the franchise disclosure statement V-1).

2. The order for the goods shall be given two times a week in principle, and the price for the goods shall be paid in advance to the Plaintiff immediately after the order is issued.

(10) In any of the following cases, the Plaintiff may suspend the supply of goods and materials to the Defendant after giving a written notice seven days prior to the suspension of the supply of goods:

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