손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of litigation shall be borne by the plaintiff.
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) entered into a rental business agreement with E department stores food service stores (hereinafter “instant stores”) and entered into an investment agreement with Defendant B on August 22, 2013 with respect to E department stores, which provides that Defendant B shall pay an investment amount of KRW 60,000,000 to D and pay the remainder, excluding the expenditure expenses, in the sales, to Defendant B as profits by consignment of the instant stores (hereinafter “instant investment agreement”).
Accordingly, while entrusting the store of this case, D issued a report on entrusted operation with the details of sales, etc. to Defendant B each month and paid profits.
B. On September 22, 2015, the Plaintiff and Defendant B entered into a contract for the transfer and takeover of the right to the store (the instant case’s “instant transfer contract”) with the broker of the Brokerage Chain Co., Ltd. (hereinafter “G”). On September 22, 2015, the Plaintiff and the Plaintiff entered into a contract for the transfer and takeover of the right to the right to the store (the instant “instant transfer contract”).
(At the time of the contract, Defendant B did not attend and was present as his husband’s agent. At the time of the transfer contract of this case, the Plaintiff and Defendant B agreed that “26% of the department store fee and the transferor may cancel the cause if there is any difference between the sales data provided to the assignee and the sales confirmed by the head office.”
At the time of the instant transfer contract, the Plaintiff paid the Defendant B the down payment of KRW 5 million, the intermediate payment of KRW 55 million on September 25, 2015, and the remainder of KRW 10 million on September 30, 2015, respectively.
C. On September 24, 2015, the Plaintiff entered into a delegation agreement (hereinafter “instant delegation agreement”) with D, stating that the right to operate the instant store and play a role as Schlage, and entered into the instant delegation agreement.