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(영문) 인천지방법원 2017.12.13 2017가단18315
위약금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in franchise business under the trade name of “B”.

B. On May 13, 2015, the Defendant entered into a franchise agreement (2 years in the contract period; hereinafter “instant franchise agreement”) with the Plaintiff to be granted a business right by using the Plaintiff’s business mark, which is the Plaintiff’s business mark, and operated the “D store” (hereinafter “instant franchise agreement”). From around that time, the Defendant run the instant franchise agreement at the Sungsung City (hereinafter “instant franchise store”). The main contents of the instant franchise agreement are as follows:

Article 6 (Matters concerning Terms and Conditions of Franchisees’s Business Activities) (2) Procurement and supply of goods

2. The price of goods shall be paid in advance to A immediately after the order is issued; and

(9) The main and subsidiary materials, operation systems, designs, etc. of B, which are prohibited from engaging in competitive business, shall not allow any third party to operate the same type of business or to engage in franchise business, while maintaining a contract due to trade secrets or business know-how developed through a large number of mistakes and errors in implementation by inserting considerable time and expenses, effort for research and development, etc.

No act which violates the Unfair Competition Prevention and Trade Secret Protection Act after termination and termination of the contract shall infringe on the business interests of us, such as infringement of trade secrets of us.

Article 13 (Matters to be Taken Following Termination and Termination of Franchise Agreement) (1) The term "B" shall cease to use a business mark identifying "B" when the period of the franchise agreement expires or expires and remove it immediately.

In addition, registration telephone numbers (14 registration and local information on online portal sites) and other publicity sites should be deleted.

(2) "B" shall be returned or immediately discarded all relevant documents (a contract, manual, etc.) concerning the operation of the store.

Article 15 (Matters concerning Compensation for Loss Caused by Violation of Franchise Agreement)

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