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(영문) 서울중앙지방법원 2019.08.21 2018가단5162954

보증금반환

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from August 3, 2018 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. On June 8, 2018, the Plaintiff and the Defendant concluded a mother management consignment agreement (hereinafter “instant consignment agreement”) with respect to the instant parent, with the content that the Defendant designated from August 1, 2018 to July 31, 2019, to entrust the Plaintiff with the management right of the instant parent, KRW 500 million, fee KRW 800,000,000 per month, and period from August 1, 2018 to July 31, 2019.

The Plaintiff paid KRW 50 million to the Defendant as a down payment at the time of the conclusion of the instant consignment contract.

B. On August 2, 2018, a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant consignment contract was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A mandate has become effective when one of the parties has entrusted the other party with the management of affairs and has consented thereto (Article 680 of the Civil Act), and a mandate contract may be terminated at any time by each party: Provided, That when one of the parties has terminated the contract at a time disadvantageous to the other party without any inevitable reason, he shall compensate for the losses

(Article 689 of the Civil Act). (b)

The following circumstances, which are acknowledged in addition to the purport of the argument in Gap evidence No. 1, namely, the defendant entrusted the plaintiff with the management right of the franchise of this case within the limit of KRW 14 million, and the defendant recognized the plaintiff. The defendant entrusted the plaintiff with all rights to the training course of the employee's behavior style and the direction of improving the system of the franchise of this case, ③ additional human resources and defect repair are decided under the agreement of the plaintiff, ④ the plaintiff must obtain prior consent of the defendant for expenditures of at least KRW 100,000,000,000,000 won per day, and ⑤ the plaintiff shall settle the daily revenue and deposit it to the defendant. The monthly sales of the commission management fee exceeds KRW 70,00,000.