손해배상(기)
1. The Defendant: (a) KRW 358,689,100 for the Plaintiff and KRW 5% per annum from February 17, 2015 to August 19, 2015; and (b) the Plaintiff.
The summary of the case is that the Plaintiff seeks compensation for lost income equivalent to the total amount of KRW 385 million (including value-added tax x 35 months) of the contractual franchise for 35 months from February 2, 2015 to December 2, 2017, which is the remainder of the contract period against the Defendant, on the ground that the Plaintiff explicitly expressed his/her intent not to perform his/her obligations, such as unilaterally terminating the franchise agreement of a postnatal care center that was entered into with the Plaintiff (franchise).
In fact, on July 10, 2012, the Plaintiff entered into the Human Rights Construction Contract, which was operated as a swimming pool with C around July 10, 2012, for the purpose of remodeling the commercial building Nos. 4, 25, 301, 304, and 401 as a postnatal care center.
The plaintiff became a joint guarantor for the loan of KRW 1 billion to the Industrial Bank of Korea for financing construction funds.
Defendant Company was established on July 20, 2012 to operate the said postnatal care center, and C was appointed as the representative director, but it was replaced on October 25, 2012 by E.
On January 14, 2013, the Plaintiff entered into an entrustment contract between the Defendant and the Plaintiff for the operation of the postnatal care center on the commission of the Defendant, and a franchise agreement between the Defendant and the Defendant for the operation of the said postnatal care center. The terms and conditions of the franchise agreement are as follows.
Article 2 (Agreement on Franchiseess)
1. A (Plaintiff) consented to the operation of G postnatal care center member stores by G Postnatal Care Center System in accordance with the determination of this Agreement and at the same time, B (Defendant) promises to take charge of the operation of G Postnatal Care Center member stores by complying with and implementing the guidance, such as management/technical guidance, as a franchisor.
2. The Parties confirm that A’s assistance in management and operation under this Agreement is not to guarantee A’s success in the Project.
Article 4 (Qualifications for Franchises)
1. Eul shall obtain the franchise's license.