(영문) 의정부지방법원고양지원 2016.09.30 2015가단90966

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(영문) 의정부지방법원고양지원 2016.09.30 2015가단90966

손해배상(기)

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1. The Defendant’s KRW 2,400,000 as well as the Plaintiff’s annual rate of KRW 6% from November 19, 2015 to September 30, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells goods bearing the above trademark to the right holder of the trademark called “blockia” and carries on a franchise business based thereon.

B. On January 27, 2010, the Defendant: (a) paid to the Plaintiff monthly rent of KRW 5,000,000 and monthly rent of KRW 100,000 for the trademark, etc.; (b) concluded a franchise agreement with the Plaintiff to obtain a right to engage in business using the Plaintiff’s trademark and educational system for five years (hereinafter “instant franchise agreement”).

Article 6 (Term of Contract and Renewal) (4) If a person (Plaintiff) fails to notify the refusal under paragraph (1) or to notify in writing that he/she would not renew the franchise agreement between 180 days and 90 days before the term of the franchise agreement expires, he/she shall be deemed to have automatically renewed for five years.

Provided, That this shall not apply where a franchisee raises an objection 60 days prior to the expiration date of the contract or there is a ground for termination of the contract to Gap or Eul.

Article 30 (Termination of Contracts and its Measures) If this Agreement is terminated due to the termination or expiration of the Agreement, the right to operate the Education Center shall be deemed terminated, and simultaneously with the closure of the Educational Center, the subsequent measures shall be taken as follows:

(1) B shall, without delay, remove the signboard on which the business marks under Article 4 (2) granted by A are printed, from the Plaintiff.

(1) (1) In the event that the trademark mark of the Plaintiff (Plaintiff) and the system of the Plaintiff (Plaintiff) are used after the termination or termination of the contract, it falls under the use of the unauthorized trademark, and the period of use of the unauthorized trademark shall be calculated as penalty as penalty for breach of contract and the penalty equivalent to the period of use shall be paid to the Plaintiff (Plaintiff).

The criminal liability of B(Defendant) is not exempt.

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

【Reasons for Recognition:

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