권리금반환 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, on August 8, 2014, the Defendant, who was in a pro-friendly relationship with the Defendant, took over the sales agency of D’s uniforms D in Ansan-si, where the Defendant was operating, for a premium of KRW 124 million.
(2) At the time of the above sales agency agreement, the Defendant: (a) stated that “the instant store is operated and the net profit of KRW 6 million to KRW 7 million per month is guaranteed; and (b) there is no problem in operating the instant store due to the carbon of the headquarters D; and (c) concluded the instant agreement with the Plaintiff and acquired the instant store.”
On August 21, 2014, the Plaintiff completed business registration under the name of the Plaintiff, and operated the instant store, and immediately thereafter, the Plaintiff experienced a lot of difficulties in operating the store on the wind to mainly supply carried-over products that are not well sold without being supplied with new products at the inside of the D head office.
As a result of this study, D head office has been unable to properly supply the new product volume to the agency since 2011 due to the difficulties in business management, and since early 2014, it is expected that the corporate rehabilitation procedure will commence between the time and the time of bankruptcy because of the failure to pay monthly wages to the employees.
If a person operating a D agency is well aware of this situation, anyone was well aware.
Nevertheless, the Defendant: (a) told the Plaintiff by stating that D head office has no problem in operating the instant store; and (b) said, the Plaintiff had the instant store entered into an agreement with the Plaintiff, while giving and accepting KRW 12,400,00, which is the amount equivalent to three times the normal market price of the premium.
As such, the Defendant’s deception goes beyond the scope permitted by social norms, and constitutes a tort in violation of the principle of trust and good faith, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 124 million received from the Plaintiff as premium.
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