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Reasons
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(영문) 대구지방법원 2019.05.16 2018가합206541
부당이득금
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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. While the Defendant was operating the head office E in Daegu Nam-gu C and 1st floor D (hereinafter “instant store”), from October 1, 2016, the Defendant has been running a franchise business using the business mark “E” with the trade name “F” and registered as “E”.

B. On September 2016, the Plaintiff entered into a partnership agreement with the Defendant to operate the instant store by acquiring the instant store from the Defendant (hereinafter “instant partnership agreement”). On October 4, 2016, the Plaintiff: (a) registered the instant store with the trade name “G store”; and (b) invested KRW 150 million on October 28, 2016 to jointly operate the instant store (hereinafter “instant partnership agreement”).

The main contents of the instant partnership agreement are as follows.

Name A (hereinafter referred to as “A”) of the contract for the same business.

name B hereinafter referred to as “B”.

The amount of investment under Article 1 shall be KRW 150 million, KRW 150 million, and KRW 150 million.

Article 2 Article 2 (A and B shall be engaged in a joint business from April 1, 2016, and the name of the business shall be determined as G stores, and the representative shall be A.

Article 3 Shares in Joint Business shall be 50% A and 50% B, and all profits and expenses shall be distributed according to their shares.

C. The Plaintiff wired totaling KRW 140 million to the Defendant, KRW 10 million on September 20, 2016, and KRW 150 million on nine occasions from September 29, 2016 to October 26, 2016, and paid to the Defendant totaling KRW 150 million under the instant agreement.

In addition, in order to operate the instant store as a franchisee of “E” on September 20, 2016, the Plaintiff paid the Defendant a franchise of KRW 5 million and KRW 5 million for educational expenses, and entered into a franchise agreement with the Defendant on November 8, 2016 (hereinafter “instant franchise agreement”) with the Defendant as follows. A and B of the franchise agreement (Definition of Terms)

7. "Goods" means any goods that A manufactures, purchases, or arranges for the purposes of franchise business and supplies to B;

Article 5 (Business Area) (1) A shall continue to exist during the term of this Agreement.

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