손해배상 등
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic facts: (a) On November 7, 2017, 2017, the enforcement company of the Seo-gu Incheon Metropolitan Government building C (hereinafter “instant building”) (hereinafter “D”) established the Plaintiff with the trade name “E”) for the operation and management of the instant building; and (b) on July 12, 2018, the Plaintiff’s trade name was changed to “A”.
The defendant is a stock company with the purpose of manufacturing and selling fruit bread, franchise business, etc., and has a nationwide franchise store with the trade name of "F".
On July 7, 2017, the Defendant entered into a franchise agreement with G: From the opening date of the franchise store (pre-determined: February 3, 2018), five years from the opening date of the franchise store (pre-determined: 30 million won) and the F Store C (hereinafter “instant franchise store”) with respect to the instant building H, I, and J.
(hereinafter “instant franchise agreement”). G paid KRW 30 million to the Defendant around July 12, 2017.
G From August 5, 2017 to August 9, 2017, with respect to the instant building H, I, and J (hereinafter “instant store”), concluded a lease contract with the buyers of the said units. The term of lease was set at KRW 60 months from the date of commencement of business, KRW 4,35,00 from the date of commencement of business, KRW 5,00 from the monthly rent, KRW 5,029,50, KRW 4,351,00 from the date of commencement of business, respectively.
(Value-Added Tax Separate) On April 27, 2018, G and the Plaintiff drafted a “Certificate of Succession to the Franchise Agreement” stating that “G, a franchise agreement, shall consent to the Plaintiff, a franchise agreement successor, shall succeed to the instant franchise agreement: Provided, That deposit money of KRW 30 million shall take effect after the Plaintiff’s transfer to G account.”
(hereinafter “instant certificate of succession”). On May 8, 2018, the Plaintiff entered into a lease agreement with respect to the instant store, and the terms and conditions of the agreement are as follows.
Before June 25, 2018, the monthly tax was paid from June 25, 2018.
The plaintiff is K and this case.