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(영문) 서울중앙지방법원 2019.10.31 2017가합578844

손해배상(기)

Text

1. Appointed F Co., Ltd.: (a) KRW 19,300,00 for Plaintiff A and KRW 10,000 for Plaintiff B and each of them on April 4, 2018.

Reasons

1. Common factual relations;

A. (1) The Appointed Company F (hereinafter “Appointed Company”) is a company engaging in distribution business, etc. G is the representative director of the Appointed Company, and the Defendant (hereinafter “Defendant”) C is a person who actually operates the Appointed Company.

(2) Defendant D Co., Ltd. (hereinafter “D”) is a company that runs a store start-up consulting business, etc., and Defendant E is a person who provides real estate consulting services, etc.

B. (1) On January 8, 2016, the Selection G obtained permission from the Seoul Metropolitan Government Facilities Management Corporation (hereinafter “Facilities Management Corporation”) to use for profit from sales facilities J-K (excluding No. L) located in the I facilities located in Guro-gu Seoul Metropolitan Government (hereinafter “instant sales facilities”), and then established the Selection G company on March 4, 2016 for the operation of the sales facilities.

In granting permission for use and profit-making as above, the Seoul Special Metropolitan City Facility Management Corporation added the condition that permission for use may be revoked if it violates the prohibition of sub-lease and transfer.

(2) On March 29, 2016, the Plaintiffs entered into each joint operation agreement with the designated company as the broker of Defendant E, Plaintiff A, and Plaintiff B, and Plaintiff B, respectively, to jointly operate the No. N from March 29, 2016 to December 31, 2020, respectively. However, according to the agreed profit distribution ratio, the Plaintiffs agreed to divide the operating amount calculated by settling the management expenses for workplace facilities, public facilities management expenses, credit card fees, etc. from the total sales of stores jointly operated with the designated company and the designated company according to the agreed profit distribution ratio (hereinafter “each joint operation agreement of this case”).

(3) Under each joint operation contract of this case, the designated company, and the Plaintiff B, as the deposit for restitution.