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(영문) 서울남부지방법원 2014.11.12 2013가단83156
구상금
Text

1. The Defendant’s KRW 50 million with respect to the Plaintiff and the Plaintiff’s annual rate from December 19, 2013 to January 10, 2014, and the following.

Reasons

1. Facts of recognition;

A. The Defendant’s father C, who was the Defendant’s father, had been aware of the Plaintiff’s YLC highest education course, with his intention to enter into a contract for the operation of the ice School World in the name of the Defendant prior to marriage with the introduction of the Plaintiff.

B. Although it was anticipated that the Khyp store introduced by the Plaintiff will be located within the home fluor d store (hereinafter “instant store”), in order for the Defendant to commence the business in the said store, a franchise franchise agreement was needed with the Khyp Corporation and the Shymp headquarters headquarters (Co., Ltd.).

C. As of October 18, 2013, the contract for the interior work of this case relating to the store of this case (hereinafter “instant construction work”) was prepared with the name of the Defendant and E, and the part of the signature of the contractor (A) out of the contract for the instant construction work was entered by the Plaintiff.

o Construction Period: 275,000,000 won for the construction cost from October 22, 2013 to November 19, 2013

D. On October 22, 2013, the Plaintiff transferred KRW 50 million to F under the pretext of advance payment for the instant construction contract.

However, at the time of the above transfer, the Plaintiff deposited 40 million won in the name of the Defendant, but deposited 6 million won in the name of G, his/her father, as his/her father.

(hereinafter “instant reimbursement”) e.

On November 10, 2013, the Defendant entered into a franchise agreement with EFID Co., Ltd., the franchisor of the instant store. The main contents thereof are that the Defendant pays the first franchise fee, continuing franchise fee, contract performance bond, etc. to EFI in return for using intellectual property rights such as the trade name, trademark, etc. of EhID.

F. After doing so, the Defendant paid the construction cost of KRW 16 million to F on November 18, 2013. On November 19, 2013, the instant construction was completed and run at the instant store on November 21, 2013.

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