손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Trade name of the store under the entrusted operation contract for the store of basic facts: E-cafeteria (the plaintiff; hereinafter referred to as "operator") and the defendant (hereinafter referred to as "A") are contracts in which the "A" agrees on matters necessary for granting the right to the entrusted operation to "B" for E-cafeteria.
Article 3 (Period of Contract and Methods of Operation) The period of contract for entrusted operation shall be from October 23, 2017 to the time when the contract is concluded through trading at least the market price designated at the time of the contract or mutual consultation, and in principle, the entrusted operation guarantee shall be provided. 9) The term "B" shall pay 200,000 won out of deposit 2,50,000 won to "A" until September 27, 2017, and the remaining 2,300,000 won shall be paid by October 19, 2017.
10) “B” shall pay KRW 1,925,00 as the daily rent for the 23th day of each month to “A”, and “B” shall pay KRW 1,00,000 as the business succession and the exercise of the pre-sale right and operating expenses of the store. 11) The said deposit amount of KRW 2,50,000 shall be refunded to “B” after the expiration of the contract.
Article 5 (Liability for Accidents and Damage to Facilities) Basicly, the liability for all accidents arising during the entrusted operation hours lies in “B”.
Article 6 (Period for Execution of Contracts) (1) This Agreement shall become effective for 12 months in cases falling under Article 5 or in exceptional circumstances, provided that the extension of the contract period may be reversed under the agreement between “A” and “B”. (2) The extension of the contract shall be automatically extended at the time of absence of objection between “A” and “B” and shall be notified to the other party one month prior to the termination of the contract.
On October 10, 2017, the Plaintiff and the Defendant concluded a contract under which the Defendant entrusted the Plaintiff with the operation of the “Ecafeteria” located in Seocho-gu Seoul Metropolitan Government Ctel D (hereinafter “instant store”) (hereinafter “instant contract”).
The main contents of the instant contract are as follows.