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(영문) 서울고등법원 2021.02.05 2020나2020812

채무부존재확인

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Defendant B (Counterclaim Plaintiff) included a counterclaim claim that the court changed or reduced the exchange in exchange.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs a franchise business (hereinafter “D”) with the business sign of “D,” and is a franchisor under Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (hereinafter “franchise business”).

2) From July 27, 2018 to August 15, 2018, Defendant B is a franchisee who operated “DI stop stop (hereinafter “instant franchise store”) at the Seowest coast DI stop (hereinafter “instant franchise store”), and Defendant C is the husband of Defendant B.

B. Around May 2018, the Plaintiff requested the Plaintiff to recruit franchisees of the instant franchise business to E (hereinafter “Stock Company”) around May 2018.

On July 14, 2018, the F (one person G) who works as a director of E introduced the instant franchise business to H, and proposed that H be in charge of the operation of the instant franchise store. H decided to associate with the Defendant C in relation thereto.

2) On July 15, 2018, Defendant C and H received information about the profits and expenses related to the operation of the instant franchise store. The F explained to Defendant C and H on the expected profits and expenses on the premise that the monthly sales of the instant franchise store constituted 60 million won.

After all, Defendant C and H decided to operate the instant franchise store as a partnership business, and the name of the franchisee was decided to be Defendant B.

3) Before entering into the franchise agreement on the instant franchise store, the Plaintiff, Defendant C, and E entered into a business start-up consulting service agreement on July 16, 2018. The main contents of the agreement include: (a) providing Defendant C with consulting on business start-up related to the instant franchise store; (b) facilitating the transaction of franchise agreements between the Plaintiff and the Defendant C; and (c) paying consulting services costs to the Plaintiff and Defendant C.

4) Defendant C on behalf of the Defendant B, on January 2018.