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(영문) 대구지방법원 2014.11.27 2013가단56966

손해배상(기)

Text

1. Defendant B’s KRW 4,600,000 as well as 5% per annum from August 18, 2012 to November 27, 2014, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 3, 2012, the Plaintiff entered into a “F franchise agreement” with Defendant B (hereinafter “instant franchise agreement”) with the name of “D” and paid KRW 30,00,000,00 in total as the expenses for the franchise license and the collection of office between August 3, 2012 and August 18, 2012.

B. Defendant B was sentenced to a fine of KRW 30,00,000 on May 8, 2013 (Seoul District Court Decision 2012Ma479), and the appeal and appeal were dismissed, and the judgment on April 24, 2014 became final and conclusive on the same day.

(Seoul District Court Decision 2013No1476, Supreme Court Decision 2013Do13466) / [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 12 (including each number), the purport of the whole pleadings.

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition 1), Defendant B, while running the PE franchise store business, had deceiving the Plaintiff as if it was used, obtained a total of KRW 30,000,000 from the Plaintiff, and obtained the payment of KRW 30,000 from the Plaintiff. Barring special circumstances, Defendant B, barring any special circumstance, is obligated to pay the Plaintiff the total amount of KRW 8,40,000,000, which is the amount of the Plaintiff’s profit in connection with the operation of the above franchise store from KRW 30,000,000 (= KRW 6,000,000,000,000,000,000 for the main purchase goods of KRW 90,50,000,000 for the main purchase goods of KRW 21,60,000,000 for the purpose of 20,000,000 for the total of KRW 30,000,00,000).