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(영문) 서울중앙지방법원 2018.06.07 2016가합563845

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 2015, the Plaintiff: (a) asked Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to join a restaurant franchise business; and (b) was proposed to take over the Plaintiff’s store (hereinafter “instant store”) which is the existing Defendant’s franchise store operated by the Defendant B, around May 2016, while advertising the location of the store in accordance with the Defendant C’s instruction, which is an employee of the Defendant Co., Ltd.’s franchise headquarters.

B. On June 1, 2016, the Plaintiff responded to the said proposal entered into a premium payment agreement with Defendant B, which sets forth the premium of KRW 95 million for the said store (hereinafter “instant premium agreement”). On the day of the contract, the Plaintiff paid KRW 1 million as part of the down payment, the remaining down payment of KRW 19 million on the following day, and the remainder of KRW 75 million on the 23th day of the same month to Defendant B.

C. On June 20, 2016, the Plaintiff entered into a commercial lease agreement with G, the owner of the instant building E, stating that “150 million won is the lease deposit,” “6.2 million won in monthly rent,” and “from July 1, 2016 to May 19, 2020” (hereinafter “instant lease agreement”) with respect to the building F of the Seo-gu Incheon, Incheon, where the instant store is located, and paid KRW 150 million in the lease deposit to Defendant B at the request of the said G on the same day.

In addition, on June 24, 2016, the Plaintiff concluded a franchise agreement between the Defendant Company and the Defendant Company stating that “the Defendant Company may operate a store using D’s business marks and provide management support to the Plaintiff, and the Plaintiff shall pay royalties, etc. to the Defendant Company” (hereinafter “instant franchise agreement”). On June 27, 2016, the Plaintiff paid the Defendant Company KRW 5 million and KRW 7 million for educational expenses under the said franchise agreement.

E. Under each of the above contracts, Defendant B operated the instant store only until June 30, 2016, and the Plaintiff acquired and operated the said store from July 1, 2016.