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(영문) 서울중앙지방법원 2020.09.25 2020가단5023502

손해배상(기)

Text

Defendant C’s KRW 32,00,000 to Plaintiff A, and KRW 50,00,000 to Plaintiff B, and each of the said money from April 27, 2019 to April 2019.

Reasons

1. Basic facts

A. Defendant D is a person registered as the business owner of “F” who runs the musical wholesale business, etc. on the mid-gu Seoul Metropolitan Government E and the third floor, and Defendant C is the actual operator of “F”.

B. After introducing the Plaintiffs themselves to “F” director, Defendant C presented the Plaintiff’s business registration certificate, proxy as to the conclusion of management contracts, Defendant D’s certificate of personal seal impression, Defendant C’s certificate of personal seal impression and identification card, and the Plaintiffs entered into an interim management contract regarding branches with Defendant C via Defendant C (hereinafter “each of the instant contracts”) around March 8, 2019.

The main contents of each contract of this case are as follows.

In order to maintain fair trade relations based on mutual trust, and promote mutual economic interests, F (hereinafter referred to as "company") and the Plaintiffs (hereinafter referred to as "partnership") enter into an interim management contract on the basis of trust and good faith as follows:

Article 1 (Purpose of Contract) The Company shall be entrusted to a partner under the terms and conditions of this Agreement, and the partnership shall accept the management of a branch office (Plaintiff A)/university (hereinafter referred to as “branch”) operated by the Company.

The location of a branch: This contract is a contract between the lessor and the partnership that is unrelated to the lessor and the lessee under Article 2 (Business Name) of Jongno-gu Seoul Metropolitan Government G (Plaintiff A)/Seoul H (Plaintiff B). The partnership shall manage and operate the store on behalf of the company, and the partnership shall not exercise its rights at will.

Article 3 (Delivery of Shops) The ownership of facilities, equipment, fixtures, display goods, goods, etc. inside a store shall be entrusted to the company, and the company shall be entrusted to the partnership.

section 4 (Term of Contract) The term of validity of this contract shall be 12 months from the time when the sale to partnership is attributed after the date of execution of the contract, and shall be 3 months prior to the expiration of the term.