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(영문) 수원지방법원 2015.07.10 2014나46119
손해배상(기)
Text

1. The judgment of the first instance court is modified upon the Plaintiff’s request for extension in the trial as follows.

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. (1) Around June 2010, the Plaintiff: C and C around June 2010; and C and the equipped range Doz. D and 104 (hereinafter “instant store”). The Plaintiff’s store is “this case’s store”).

(2) On June 15, 2010, the Plaintiff invested funds for the operation of the store, completed the business registration of the said store in its name, and received benefits from C while managing the said store. Then, on June 15, 2010, the Plaintiff returned the unpaid amount, except as otherwise provided in the franchise agreement, with the Korea Development Institute Co., Ltd. (hereinafter “Korea Development Institute”), Korea Co., Ltd. (hereinafter “Korea Development Institute”), a business operator of the instant store, and the franchise fee of KRW 7 million. The Plaintiff, upon completion of all settlement from the date of termination of the franchise agreement, shall return the balance, if any.

b. The rental franchise agreement (hereinafter referred to as the “the instant franchise agreement”) entered into, and completed the business registration of the instant store on the 24th of the same month.

3) Meanwhile, the Plaintiff, under the instant franchise agreement, intended to transfer the sales amount of the instant store, the price discount, purchase incentive, and other miscellaneous income received by the Plaintiff to the Korea Development Institute every day (hereinafter “Duty to transfer sales, etc.”) (hereinafter “Duty to transfer sales, etc.”)

(2) Under the additional agreement, the Korea Development Bank received 100,000 won per month from June 29, 2010 to March 28, 2011 from the Korea Development Bank from June 29, 201, and 50,000 won per month from the following month as subsidies, and if the above franchise agreement is terminated halfway, 9,500,000 won of the total amount of subsidies received shall be returned (hereinafter “return obligation, such as subsidies”).

(4) In addition, on June 23, 2010, the Plaintiff entered into a performance guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”), ① upon termination of the instant franchise agreement, with a view to securing the Plaintiff’s duty to return subsidies, etc. to the Korea Development Bank Co., Ltd., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”), and ② the Plaintiff’s performance guarantee insurance contract setting the insurance amount of KRW 9.5 million (hereinafter “

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