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(영문) 서울서부지방법원 2016.02.12 2015가단25467

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Defendant, as the representative of C, could receive approximately 2.7 million won from the Plaintiff’s illegal act, by explaining that the Plaintiff may receive approximately 2.7 million won from the proceeds if he/she invested in the Plaintiff as the Plaintiff as the representative of C, and that the Plaintiff unilaterally concluded a consignment sale contract with the said D store operated by C on September 11, 2014, which requires the Plaintiff to make an investment of KRW 57 million, and that the Plaintiff’s status as an investor would be guaranteed as E by unilaterally withdrawing the said D store on October 31, 2014, because the Plaintiff did not properly pay the profits on the ground of the aggravation of corporate management, the contract was terminated by the Plaintiff on January 15, 2015, and the Defendant’s illegal act by deceiving the Plaintiff that the management of C was aggravated by intention or negligence, and thus, the Defendant should compensate the Plaintiff for damages equivalent to the amount of investment amount.

B. Reviewing the reasoning of each of the evidence Nos. 1 through 8, the following facts: (1) The Plaintiff entered into a consignment event contract with C on September 11, 2014 and paid 57 million won to C on September 15, 2014; (2) the investment period between the Plaintiff and C around November 7, 2014 between the Plaintiff and C shall be two years; and (3) fees of KRW 2 million per month shall be paid by C to the effect that the total sales amount shall be KRW 18 million through 25 million; (3) the Plaintiff’s head office shall be paid additional management fees of KRW 50,000,000 to the Plaintiff by one million on an annual basis; and (4) the Plaintiff shall be paid by C to C on September 13, 2014; and (3) the Plaintiff shall be paid to C on January 24, 2014 as the interim management manager; and (3) the Plaintiff shall be paid by CF. 13 million won on December 13, 2014.