손해배상(기)
1. The plaintiff's primary claim against the defendants is dismissed.
2. At the preliminary claim, the defendant corporation.
1. Recognizing the facts, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) leased part of the instant building (hereinafter “instant building”) among D’s terrestrial commercial buildings at the time of Pakistan, and subsequently occupied the clothing store.
On September 11, 2014, the Plaintiff entered into a lease agreement with the Defendant Company for the term of KRW 24.5 million (including value-added tax), KRW 1,886,500 (including value-added tax), and the term of lease on September 2016, with regard to the term of 130 of the instant building (hereinafter “instant store”). On September 30, 2014, the Plaintiff entered into an agency agreement with the Defendant Company Co., Ltd. (hereinafter “Cocom”) and started its business with the name “E” at the instant store from that time.
However, there are no many clothing stores located in the building of this case, and the commercial zone was not formed.
Accordingly, in consultation with the defendant company, the plaintiff paid only KRW 943,250, which corresponds to the 1/2 of the rent agreed from November 2014.
On the other hand, business applied for rehabilitation around March 2015 due to the aggravation of finance, and notified that it terminated the agency contract with the Plaintiff around October 2015.
The plaintiff participated in the rehabilitation procedure with a refund bond of the franchise agreement (20 million won) and received 3,325,581 won by participating in the rehabilitation procedure, and received shares of the amount equivalent to 7 million won.
On April 1, 2016, the Plaintiff filed the instant lawsuit, and around April 1, 2016, notified the Defendant Company to the effect that the key to the instant store was removed, and the Defendant Company sent the instant store to the management office, upon cancelling the lease agreement on the instant store.
[Ground of recognition] Facts without dispute, Gap 2, 3, 5, 7, 10, 11, 12, 13, 14, 18, 19, 20 evidence and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's main claim is (i) the defendant B, the representative of the defendant company, who committed an illegal act against the defendant company by deception or false director's advertisement.