beta
(영문) 광주지방법원 2016.03.16 2015나55126

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

3. The description of parties to the judgment of the first instance.

Reasons

1. Basic facts

A. The defendant is a company that runs a franchise business in the mutual name of "CU".

B. The Plaintiff entered into a franchise agreement with the Defendant to operate two convenience points as follows.

1) D on September 15, 2011 (Period: 60 months from the opening date, and admission fees: 4,950,000 won)

C. The Plaintiff paid KRW 4,950,000 to the Defendant around the date of the contract.

The Plaintiff and the Defendant agreed on the franchise agreement of D stores around January 27, 2013, and C Points franchise agreement around March 6, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 5, 8, Eul evidence Nos. 2, 5, 6, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant is obligated to pay to the Plaintiff the sum of KRW 4,106,353 ( KRW 355,305,630,000) of the following amounts ( KRW 121,048):

1) Although the Defendant agreed to pay 50% of the luminous heat (electric charges for lighting, heating, cooling, freezing, freezing, and cooling equipment) spent each month at the above store as a subsidy, the Defendant did not pay 35,305 won, which is equivalent to 50% of the luminous heat ratio of April 2012. (2) Since the Plaintiff violated the Defendant’s franchise agreement, the Plaintiff did not have a contract term of 60 months for 4,950,000 won for 4,950,000 won paid by the Plaintiff, and thus, the Defendant was obligated to pay 3,630,000 won for the remainder of the contract term of 44 months (60 months - 16 months) and the indemnity amount equivalent to 3,630,000 won for the remainder of the contract term of 444 months (60 months - 16 months). (2) At the display stand, the Defendant did not have an obligation to pay the indemnity amount to the Plaintiff for 100,00, and 1000.

B. The Defendant related to the 1 C point is alleged by the Plaintiff.