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(영문) 광주지방법원 2016.07.14 2015가합58794
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant’s franchise store operation of the Defendant is the actual one shareholder (the nominal shareholder and the representative director are the Defendant D) of the Co., Ltd. (hereinafter “C”), and entered into a franchise agreement with Non-K Co., Ltd. (hereinafter “BK”) which is the franchisor of “BK” in the name of “BK” (hereinafter “instant franchise store”) and operated the BKF store in Seo-gu, Gwangju (hereinafter “instant franchise store”) from January 2014 to November 2014.

B. On December 2, 2014, the Plaintiff entered into a contract for the transfer and acquisition of the instant franchise store (the name of the transferor in the contract is C), but there is no dispute between the parties as to the fact that the actual contractual party is the Defendant.

B) As between the Defendant and the Plaintiff, the Defendant transferred to the Plaintiff all the facilities and equipment necessary for the business of the instant franchise store, the lease contract relation to the building of the instant franchise store, and the franchise agreement relation with BKR, etc. In return, the Plaintiff stated the Defendant as premium of KRW 755,000 (740,000,000 in the contract, but the Plaintiff stated the amount of KRW 755,000,000 in the contract, the total amount of the premium of KRW 740,000 in the contract, and the amount of the premium of KRW 15,00,000 in a separate manner.

2) The instant contract was entered into with the terms and conditions to pay (hereinafter “instant contract”).

(2) In concluding the instant contract, the Plaintiff and the Defendant agreed to maintain the lease agreement and the franchise agreement with the instant franchise store in the name of C by acquiring the entire shares of C and taking the office of the representative director of C, upon taking the office of the C’s representative director, by concluding the instant contract.

C. The Plaintiff’s performance of the instant contract was paid KRW 70,000,000 on December 2, 2014, which is the date of the instant contract, to the Defendant, and the remainder amounting to KRW 570,000,000 on December 10, 2014, which is the remainder payment date.

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