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(영문) 서울중앙지방법원 2017.10.18 2017가단313
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 1, 201, Defendant Ireland et al. (hereinafter “Defendant Ireland”) leased part of 32.6 square meters of 4,000,000,000, out of Seoul and 2 lots of land (hereinafter “instant department store”) to Defendant Luxembourg Co., Ltd., Ltd. (hereinafter “Defendant Luxembourg”) at KRW 4,000,000,000,000,000,000. D thereafter, operated the “E store” (hereinafter “E store”).

Article 1 [Purpose of the instant franchise agreement] The purpose of the instant franchise agreement is to stipulate all the matters necessary for the operation of the Luxembourg E stores by granting the right to use English signs, such as the trade name, trademark, service mark, etc. of the Luxembourg (hereinafter referred to as “Luxembourg”) to the independent business chain E stores (hereinafter referred to as “B”) in accordance with the Fair Transactions in Franchise Business Act (hereinafter referred to as the “franchise”), and to determine the rights and obligations of “A” with “B”.

Article 5 [Period of Contract] This Agreement is five years from the date of conclusion of the contract, and the contract is terminated upon the expiration of the contract period.

Provided, That the contract may be renewed under the same conditions or partial conditions pursuant to the provisions of Article 30.

Article 9 [Business Area, etc.] (1) A does not recognize or establish and operate an exclusive or exclusive business area in connection with the operation of franchisees including B.

B. On October 31, 2011, the Plaintiff entered into a contract on the acquisition and transfer of the right (facilities) to acquire the “E” in total in KRW 286,028,923 for premium 286,028,923, and on the same day, the Plaintiff entered into the instant franchise agreement with Defendant Luxembourg (hereinafter “Luxembourg options franchise agreement”) with the following content:

C. On November 2, 2011, between D and Defendant Luxembourg, enter into a contract for the transfer of a chain store with respect to E points, and is above D.

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