logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.08 2018가합582734
경업금지 등 청구의 소
Text

1. The Defendant, by October 10, 2019, shall be the Kink’s specialty store other than F business from the building C, D, and E in the Suwon-si Area by the date of permission.

Reasons

1. Basic facts

A. The plaintiff is a company that runs the franchise franchise business in order to recruit a franchise store using the trade name "F" and the defendant is the F franchise store owner.

B. On October 11, 2017, the Plaintiff entered into a franchise agreement between the Defendant and the Defendant, from October 11, 2017 to October 10, 2019, with the content that the Defendant would be supplied with the goods necessary from the Plaintiff in the Suwon-si C building, and that the Defendant would operate the skin-based store using F, which is the Plaintiff’s business mark.

(hereinafter referred to as the “instant franchise agreement,” and Article 9-3 (Regular Payment Expenses) (1) B (Defendant) shall transfer the 200,000 won (Additional Tax separately) to the account designated by A, on the 5th or 25th day of each month, to Party A.

Article 19 (Duty of Prohibition of Competitive Business) B shall not run the same type of business (including management of other member stores and independent stores) in which trade secrets of A are infringed upon in the name of himself/herself or any third party during the term of this contract without permission of A.

Article 36 (Compensation for Damages and Penalty) (1) In cases of violation of Article 18 or 19 after the expiration of the contract period or the termination of the contract, Eul shall pay 20,000,000 won as penalty to Gap as penalty.

(2) B shall pay to A 20,00,000 won as penalty in case where B unilaterally closes down the operation of a franchise store without complying with the procedures provided for in paragraphs (2) and (5) of Article 34 or operates or transfers it to a store which does not use any F business mark.

(4) Where there is money to be paid to A, such as the price of goods, damages, and penalty, due to this contract, the interest for delay shall be 20%.

C. The contents of the instant franchise agreement are as follows.

The Defendant was operating the instant franchise store until August 2018.

arrow