권리금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the judgment on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. The parties' assertion
A. Plaintiff D refused to enter into an agency contract with the Plaintiff on the grounds of financial transaction, etc. regarding the business license transfer contract. D Busan Gangseo-dong agency operated by the Defendants entered into a franchise agreement with the head office and is engaged in the business after obtaining the said agency’s business license. As such, the instant contract, which the Defendants agreed to transfer the said agency’s business license to the Plaintiff, was omitted in the performance status. The instant contract was rescinded on November 26, 2014 by content-certified mail by the Plaintiffs, which had expressed their intent to cancel the contract to the Defendants.
Therefore, the defendants are jointly and severally obligated to pay to the plaintiff the premium of KRW 51,000,000 and damages for delay.
B. The Defendants reported the agency transfer to G to the head office to take the procedure of transferring the agency under the instant contract, and completed the implementation of the instant contract after completing the transfer of the agency management, but the instant agency was operated in a timely manner due to the Plaintiff’s failure to work after the transfer of the instant agency, etc., the Defendants refused to conclude the agency contract with the Plaintiff on the instant agency at the head office and concluded the agency contract with a third party.
Therefore, the plaintiff's failure to conclude an agency contract with the head office is attributable to the plaintiff, and there is no reason attributable to the defendants.
3. Determination
A. The fact that there is no dispute over the cause of the claim, and according to the above facts and the purport of the entire argument, the conclusion of agency contract with D is refused, and the conclusion of agency contract with a third party is made to the plaintiff of the Defendants.