beta
(영문) 창원지방법원 진주지원 2017.03.14 2016가단33840

손해배상(기)

Text

1. The Defendants jointly share KRW 3,080,000 to Plaintiff A, and KRW 1,860,000 to Plaintiff B, and each of the above amounts. < Amended by Presidential Decree No. 27560, Dec. 1, 2016>

Reasons

1. Facts of recognition;

A. On September 19, 201, Plaintiff A entered into a franchise agreement with Defendant D Co., Ltd. (hereinafter “Defendant Company”) and operated E points. Plaintiff B entered into a franchise agreement with Defendant Company on September 17, 201 and operated F points. Defendant Company is a corporation that engages in food franchise business, and Defendant C is the head of Gyeongnam Branch in charge of opening a store in the Gyeongnam area of Defendant Company and supplying materials.

B. On May 27, 2016, Defendant C received a summary order of KRW 1,00,000 (Seoul District Court Jinju Branch Branch Decision 2016 High Court Decision 201Da1873) for the following criminal facts, and the said summary order became final and conclusive as it is.

Defendant C had the intent to deliver to the Plaintiffs by deceiving, as it is a good faith to provide a good faith that he directly manufactured at the headquarters, rather than a good faith provided at the headquarters.

1. During the period from October 2, 2014 to September 8, 2015, Defendant C provided a total of KRW 3,080,000 to seven times from the Plaintiff, who was operating E points in G in Jin-si, Jin-si, Jin-si, and acquired KRW 3,080,000 as the price thereof.

2. As between October 2014 and July 20, 2015, Defendant C, upon receipt of a request from the Plaintiff, who runs the F points located at H in J in Jinnam-si, Jinnam-si, the Defendant supplied both faiths upon receipt of a request from the Plaintiff B to supply her head office.

However, in fact, the two beliefs delivered by Defendant C was not the quantity of the headquarters provided by the headquarters, but the quantity of the belief produced by Defendant C itself.

After all, Defendant C, as such, induced Plaintiff B, provided 1,860,000 won in total five times from Plaintiff B, and acquired 1,860,000 won in total as the price.

C. On November 10, 2015, Plaintiff A, who closed the Plaintiffs’ business, terminated the franchise agreement with Defendant Company, and was restaurant on May 16, 2016.