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(영문) 서울남부지방법원 2020.11.11 2019가단266908

손해배상(기)

Text

1. The Defendant’s KRW 63,656,240 among the Plaintiff and KRW 62,00,000 among them, shall be 5% per annum from October 29, 2019 to December 2, 2019.

Reasons

1. Basic facts

A. The defendant is a person who provides management consulting services under the trade name of "C".

On January 4, 2018, the Plaintiff introduced the Gangseo-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant store”) to a place for the operation of the convenience store from the Defendant, and leased the instant store from Nonparty F for the period from February 1, 2018 to January 31, 202 by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 1.8 million, and the lease term of the instant store from February 1, 2018 to January 31, 2020.

B. On January 17, 2018, the Plaintiff entered into a franchise agreement with G Co., Ltd. and commenced the business of convenience stores with the trade name “H (hereinafter “H”)” at the instant store from February 2018.

On January 18, 2018, the Plaintiff paid 24 million won to the Defendant at the cost of consulting service for convenience stores, such as the introduction of stores.

C. From February 2018, the Plaintiff had the Defendant wanting to transfer the instant convenience store business due to health reasons. On March 9, 2018, the Plaintiff concluded a contract under which the instant convenience store was transferred to the Defendant at KRW 35 million (hereinafter “instant contract”).

The terms and conditions of the instant contract are as follows.

Deposit 30 million won succession condition is 30 million won.

The condition of maintaining tobacco inventory at the time of the contract is 8.5 million won, and there is a difference between tobacco and products 10% or less.

By April 10, 2018, the monthly rent shall be borne by the seller.

The name shall be maintained for three months as of the time of contract.

Provided, That the penalty shall be borne by the purchaser at the time of the closure of H, and shall be actively cooperate at the time of the closure.

On April 11, 2018, the Defendant: (a) entered into a lease agreement with the lessor F of the instant store to the effect that he succeeds to the status of the Plaintiff; and (b) operated the instant convenience store by maintaining the name of the franchisee as the Plaintiff.

On September 2018, the Defendant suspended the operation of the instant convenience store, and the Company I (hereinafter “I”) notified the Plaintiff, who is the other party to the franchise agreement, of the request for resumption of business.

E. The Defendant did not resume the convenience store business, and the Plaintiff on October 5, 2018.