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(영문) 서울중앙지방법원 2020.10.16 2019가합563976

계약금 반환 등 청구

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the main purpose of door-to-door sales business, which owns 5,459 square meters of land on 9 lots outside Gwangju City (hereinafter “instant land”). Defendant B (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are corporations with the purpose of business related to pet animals, and Defendant B operates B B B B B B B 1 and B 2, which are a complex cultural space related to pet dogs. Defendant D is the representative director of Defendant B.

Defendant E, who was delegated by the Plaintiff to perform the duties of the collection and delivery of home delivery, arranged for G as the representative director of the Plaintiff and Defendant D’s delivery.

B. On September 19, 2018, the Plaintiff concluded a “HM service contract” with Defendant B and C (hereinafter “Defendant Company”) (hereinafter “instant primary service contract”).

The plaintiff and the defendant companies shall enter into the H Pro rata Management Management Services Contract (hereinafter referred to as the "this Agreement") established at the Ith of Gwangju City as follows:

Article 2 (Purpose of this Agreement) The purpose of this Agreement is to request the defendant company to present this Agreement, clarify the rights and obligations of the parties in the performance of their duties by the defendant company, and to prescribe all matters including the contents of the contract (Article 3).

The details of services under this contract shall be as follows:

brand consulting

1. brand Anbden consulting;

2. Consulting on content and marketing;

3. Consulting 2-1 Interpretainment consulting 2-2 bit-3 store operation manuals, consulting 2-3 bit-3 store operation manuals, each of which consists of interior consultation 2-1 bit-2;

3. Three-2 prescribed number of personnel, such as building permits and approval, preparation of drawings / supervision fees, 3-1 carpets, hotels, living rooms, logistics centers, etc., and Asia-do fishing training centers/ground floor/pents.

4. Preparation of interior designs and drawings (the terms and conditions of the contract and their obligations).