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(영문) 서울동부지방법원 2018.04.11 2017나21741
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant is a franchisor established on September 19, 200 for the purpose of office automation machinery, service, and distribution, and added for the purpose of the business related to printing on August 1, 2014, which is provided for in the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”), and is engaged in franchise business, such as having it operate 3D printing-related educational services, etc. with the business mark called “D”, supporting and training for business management and business activities, protecting business areas, and receiving franchise fees in return.

B. On October 14, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant for a two-year term of contract with the C stores (hereinafter “instant franchise store”).

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

Article 2 (Definitions of Terms)

1. The term “franchise business” means a continuous business relationship in which the Defendant, using the Defendant’s trademark, service mark, trade name, signboard, or any other business mark (hereinafter referred to as “business mark”), allows the Plaintiff to run a private teaching institute business in accordance with certain quality standards or business methods, and supports, educates, and controls the management, business activities, etc. pertaining thereto, and the Plaintiff, in return, pays franchise fees to the Defendant;

5. The term "franchise fee" means any consideration, regardless of its name or form of payment, that the Plaintiff pays to the Defendant pursuant to the franchise agreement, including the first franchise fee, continuing franchise fee, and contract performance guarantee.

6. The term "first franchise fee" means a fee that the plaintiff has obtained a franchise license and pays to the defendant to commence a franchise business after obtaining a franchise business license, irrespective of the name, such as the installment payments for admission fees, the installment payments for open fees, the first

Article 5 [Matters to be Observed by the Defendant] The Defendant shall be in addition to the obligations prescribed in this Agreement.

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