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(영문) 서울중앙지방법원 2015.02.12 2013가합58472

부당이득금반환 등

Text

1. The Defendant’s KRW 106,271,041 among the Plaintiff and KRW 100,000 among them, shall be KRW 6,271,041 from October 2, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On May 17, 201, the Plaintiff entered into a franchise agreement with the Defendant (hereinafter “instant franchise agreement”) with respect to the instant store on the first floor Bab World Store (hereinafter “instant store”) under the ground of the building C for a fixed period of three years from the date of the remainder payment. The Plaintiff entered into an agreement with the Plaintiff to pay 120 million won for investment, including franchise fees, business bonds, educational expenses, etc. (the KRW 10 million upon entering into a contract, KRW 50 million until May 20, 201, KRW 60 million until the end of the same month, and KRW 10 million until the end of the contract, and KRW 60 million until the end of the same month). However, upon entering into an agreement with the Plaintiff to pay all sales and amount generated by the Defendant’s management instead of the instant store, sales and operating expenses, and profits accrued by the Defendant to the Plaintiff under a direct consignment agreement with the Plaintiff.

B. In accordance with the instant franchise agreement, the Plaintiff paid to the Defendant a total of KRW 120 million by May 27, 2011, but the Defendant paid to the Plaintiff the amount of KRW 2,078,574 as well as the amount of KRW 2,616,590 for the settlement of accounts on November 201, 201, and the amount of KRW 6,271,041 for the settlement of accounts on December 201, 201, and KRW 2,616,590 for the settlement of accounts on December 201, and KRW 1,575,87 for the settlement of accounts on January 27, 2012.

C. Accordingly, on January 29, 2012, the Plaintiff notified the Defendant of the termination of the instant franchise agreement on the ground that the instant franchise agreement was terminated by e-mail, and notified the Defendant of the payment of the unpaid amount. ② On February 27, 2012, the Plaintiff revoked the instant franchise agreement and made a declaration of intent to seek restitution and damages for the same reason.

[Reasons for Recognition] Facts without dispute, entry in Gap's 1, 3 through 7 (including branch numbers), and arguments.