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(영문) 수원지방법원성남지원 2016.12.08 2015가단204587

손해배상(기)

Text

1. Defendant B:

(a) KRW 32,288,674 as well as 5% per annum from April 15, 2015 to December 8, 2016;

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in franchise business using business marks such as “D” and “E”.

B. Defendant B entered into a franchise agreement with the Plaintiff on January 15, 2012, and operated the skin management office (hereinafter “instant franchise store”) on the second floor of “G” located in the north-gu, North Korea at port.

C. On November 15, 2013, Defendant B entered into a contract for business takeover with Defendant C regarding the instant franchise store, and Defendant C operated the instant franchise store from that time.

The Agreement of this case

1. By November 19, 2014, Defendant B shall deliver the instant franchise store to the Plaintiff, and shall deliver to the Plaintiff all business information necessary for the operation of the store, such as customer cards, skin management instruments and goods, products, and other office fixtures.

2. Where Defendant B faithfully fulfilled paragraph 1, the Plaintiff recognizes the remainder of the customer card’s membership within the scope of KRW 40,000,000 as indicated in paragraph 1.

The portion in excess of this shall be compensated by Defendant B to the High Court.

3. Defendant B is obligated to compensate for the following losses with respect to the transfer of the instant chain store.

① An amount in excess of KRW 30,00,00 among rent and management expenses in arrears until October 2014: 2,960,361 won; ② Rent and management expenses (payment in November) on October 2014; KRW 3,449,295; ③ From November 1, 2014 to November 19, 2014; KRW 2,299,530; KRW 4,709,186 ( ②) shall be promptly compensated to the Plaintiff by Defendant B.

(5) Members admitted under paragraph (2) shall agree to compensate for losses arising from overdue debts of the remaining 40,000,000 won and royalties, etc. in arrears at KRW 20,000.

Provided, That this compensation shall be paid in 500,000 per month from January 2015 to the day of full payment.

6. If the above subparagraphs and 4 are not fulfilled, Defendant B shall compensate the Plaintiff for damages for delay calculated at the rate of 20% per annum.

Since then, the Plaintiff acquired the instant franchise store and directly run it, and accordingly, the Plaintiff and the Defendant B.