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(영문) 서울남부지방법원 2015.07.03 2014가합104088
손해배상(기)
Text

1. Defendant A’s KRW 262,959,837 as well as 12% per annum from February 26, 2014 to July 3, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On January 3, 2013, between the Plaintiff and Defendant A, the Plaintiff’s brand “cosmetic” franchise store (hereinafter “instant franchise store”) in the Jung-gu Seoul Metropolitan Government building on January 3, 2013 between the Plaintiff and Defendant A.

(1) The term “instant franchise agreement” (hereinafter referred to as “instant franchise agreement”) which Defendant A opened and operates from February 1, 2013 to January 31, 2016.

The franchise agreement of this case was concluded. The main contents of the franchise agreement of this case are as follows. Article 6 (Business Area) ① The plaintiff means the plaintiff; hereinafter the same shall apply. The defendant Eul means the defendant Eul in the area demarcated into the location of the store and recognized the franchise license of the franchisee; hereinafter the same shall apply. Eul also recognizes the franchise license of the franchisee. Eul may sell only the sales store under the franchise agreement, and shall consult with Gap if it is sold in any other area. <2 With respect to the franchise agreement of this case, Gap does not recognize its exclusive franchise rights, and if necessary, may install direct stores or franchise stores, such as department stores, large discount stores, convenience stores, history, etc. in the same business district, and may establish another franchise store in the relevant area after consultation with Eul in consideration of regional characteristics, population density, etc.

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