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(영문) 의정부지방법원 2020.04.23 2019나212182
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the Plaintiff’s primary assertion and the conjunctive assertion added by this court is identical to the reasoning of the judgment of the court of first instance, except where the judgment is added as set forth in paragraphs 2 and 3 below, and thus, it is acceptable in accordance with the main sentence of Article 4

2. On the premise that this Court did not cancel the instant franchise agreement, the Plaintiff asserts that the Defendant is obligated to compensate the Plaintiff for damages arising from the Defendant’s violation of Articles 2, 4, 6, and 22 of the instant franchise agreement and the Fair Transactions in Franchise Business Act.

However, in full view of the facts acknowledged by the court of first instance, the Plaintiff and the Defendant were to close down the instant franchise store from the date of the conclusion of the instant franchise agreement to the point where both parties did not perform their duties corresponding to the important portion of the instant franchise agreement, and even after the closure of the agreement, the Plaintiff and the Defendant were to have no reference to the implementation of the instant franchise agreement for about four years until the Plaintiff filed the instant lawsuit. As such, the instant franchise agreement was determined by the court of first instance as appropriate, as determined by the court of first instance, to have been implicitly rescinded by the agreement of the Plaintiff and the Defendant’s intent not to realize the contract, on or around July 16, 2014 when the Defendant closed down the instant franchise store. Accordingly, the Plaintiff’

3. Judgment on the plaintiff's conjunctive assertion

A. Even if the gist of the Plaintiff’s assertion was implicitly rescinded on July 16, 2014, the Defendant used another trade name to the instant franchise store in violation of the instant franchise agreement prior to the cancellation of the said agreement (violation of Article 2 of the instant franchise agreement), purchased meat (Violation of Article 22 of the instant franchise agreement), and did not pay royalties once (Article 4 of the instant franchise agreement).

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