(영문) 서울중앙지방법원 2013.11.06 2013가합500904

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(영문) 서울중앙지방법원 2013.11.06 2013가합500904

가맹계약해지

Text

1. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) franchise agreement concluded on January 22, 2009 (MINIISP).

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be combined;

A. On January 22, 2009, the Plaintiff entered into the instant franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, who is engaged in the product chaining business, such as the mutual convenience store of “MINISP”, and with the Defendant, the Plaintiff would operate the instant franchise agreement to operate the instant store “B” (hereinafter “instant store”) by December 31, 2013 using the Defendant’s trademark, trade name, service marks and management skills (hereinafter “instant franchise agreement”).

2) Of the contents of the franchise agreement (No. 2; hereinafter referred to as the “instant franchise agreement”) prepared at the time the instant franchise agreement was formulated, the contents relating to the instant case are as follows.

Article 5 [Rights of Franchises]

1. The right to be provided with management know-how and information related thereto and guidance documents, data, habitats, etc. necessary for operation and use them through the one-to-saw system;

4.Article 12 [Franf] B (referring to the plaintiff; hereinafter the same shall apply] (referring to the plaintiff; hereinafter the same shall apply) of the right to use the external appearance, interior design, design of signboards, design of signboards, method of operating goods, etc. shall be provided to A (referring to the defendant; hereinafter the same shall apply) at the expense of seven million won (excluding value-added tax) at the time when this contract is concluded;

The above amount shall not be returned unless it is cancelled due to a cause attributable to the Party A.

§ 15. [Office equipment and fixtures]

1. A shall be provided with sales-use equipment and office fixtures necessary to open the saw point of B prior to the opening day;

2.The sales-use facilities and office fixtures prescribed in paragraph 1 of this Article indicated in Annex 8 shall be leased free of charge to Section 1 to Section 2.

3. The ownership of the assets that Party A lent to Party B without compensation pursuant to Schedule 8 shall exist to Party A.

Article 21 [Business Principles] She shall manage B's saw point at the responsibility and charge of B according to the guidance and advice of B, and A shall be as follows:

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