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(영문) 인천지방법원 2014.11.28 2014가단46807

손해배상

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 14, 2013, the Plaintiffs and the Defendant concluded the instant partnership agreement with the following major contents in order to jointly operate the franchise business of a school for education.

(1) Apportionment of roles under Article 3 - The design and investment of capital investment related to the verification of all the matters related to the lease of a chain store, the investment in real estate, such as adjustment rates and deposit money, the investment in interior expenses, the initial advertising expenses, the personnel expenses for teachers, etc. shall be led by the plaintiffs.

(2) READORS. - All matters pertaining to the procedures and operation of the franchise store, including permission, shall be led by the defendant.

(3) - Repayment of expenses related to the establishment of a franchise store and investment dividends shall be made every month by the franchise store owner to the plaintiffs through the defendant after a three-month grace period, and shall be repaid to the plaintiffs to investors.

(4) 2. 4. (2) - The plaintiffs have the duty to design expenses and attract investments and to smoothly perform the duties related to the recovery of investments in relation to this business.

- The plaintiffs must provide the defendant with the optimal environment related to the place to operate the franchise store normally.

B. On September 24, 2013, around September 24, 2013, the Plaintiffs and the Defendant added the following special terms to the instant trade agreement:

(hereinafter referred to as “instant trade agreement”, including the terms and conditions of this special agreement. (1) The total amount of investment shall be KRW 30 million.

(2) The investment principal and interest shall be repaid monthly in equal installments for two years, and the grace period for three months shall be recognized.

(3) Interest on the investment amount shall be repaid together with the principal each month by applying equally 15 percent of the total investment amount for two years.

(c) Omission.

The Plaintiffs shall attract the investment of KRW 30 million under the instant business agreement, and shall use the funds to operate a school for education, in Incheon Seo-gu, from around September 30, 2013, in the name of the Plaintiffs, to operate a school for education.

(e)F No. 402 KRW 10,000, monthly;