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(영문) 서울동부지방법원 2020.03.13 2018가단131354
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B is a franchisor under the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) that solicits franchise business operators to use the trademark “D” and “F” in a food service business, provides support and training for business activities, etc., and receives franchise fees, etc. in return.

Article 3 (Indication of Franchisees) The location of a store: The size of a building in Jung-gu Seoul Metropolitan Government and a three-story store: 594 square meters (180 square meters): Article 4 (Business Marks and Intellectual Property Rights) (1) The franchisor shall implement procedures necessary to secure exclusive exclusive rights to business marks and other intellectual property rights.

(2) A franchiser shall permit the Plaintiff to engage in business activities using the following business marks:

E Article 9 (Rotterdam Facilities of Shops) (1) The Plaintiff shall complete the interior facilities at the Plaintiff’s expense according to the due diligence and review conducted by the franchisor to maintain the unity and originality of the whole franchise business before the opening of the franchise store, and shall maintain the conditions during the contract period.

(2) The interior equipment under the preceding paragraph may be installed directly by the plaintiff or at a company designated by the franchiser or a franchiser in accordance with the specifications determined by the franchiser.

③ In the event that the Plaintiff directly executes construction works, the Plaintiff is provided with interior manuals, design drawings, and supervision from a franchisor, and shall pay KRW 220,000 (including value-added taxes) for the cost of use thereof to the franchisor.

④ In the event that the Plaintiff directly performs construction works, the franchisor shall dispatch his/her employees, etc. to verify whether the Plaintiff is performing construction works in accordance with the design plan, and the Plaintiff shall comply with the

(1) The plaintiff shall deposit KRW 16,500,00 (including surtax) with a financial institution immediately after concluding a contract.

B. The plaintiff.

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