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(영문) 서울북부지방법원 2021.02.10 2020나35692

가맹금 등 반환청구

Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Determination as to the claim for refund of the franchise

A. The Plaintiff asserted that Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and C entered into a franchise agreement with Defendant D, E, and Msan F department stores (hereinafter “G”), with respect to the amount of KRW 170 million,00,000,000,000,000,000,000, affiliated to the Defendant Co., Ltd., and the Defendant Co., Ltd., and C entered into the instant franchise agreement with Defendant Co., Ltd. on the instant car page from D and E, while acquiring the franchise license from the Plaintiff to the amount of KRW 220,00,00,000,000,000,000,000,000,000,000,000,000,000,00

B. The judgment is based on the following facts: (a) each statement of evidence Nos. 1 through 5 is insufficient to acknowledge the franchise agreement between the Plaintiff and the Defendants to pay the franchise and return the franchise thereafter; and (b) there is no other evidence to acknowledge it; (c) this part of the Plaintiff’s assertion is without merit (Article 2 and 13(4) of the consignment management agreement entered into between the Plaintiff and the Defendant Company, which stipulates that the consignment management agreement entered into between the Plaintiff and the Defendant Company is not a franchise agreement entered into between the Plaintiff and the Defendant Company (Articles 3(6), 6, 7, and 13(4)); and (d) there is no pecuniary interest between the Plaintiff and the Defendant Company (Articles 3(6), 7, and 13(4)).

3. Accordingly, the plaintiff's claim against the defendants is dismissed as all of its grounds are without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed as all of its grounds are without merit.