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(영문) 대전지방법원 2015.08.20 2014가단219320
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 20, 201, the Plaintiff entered into a lease agreement for the operation of convenience stores with respect to the first floor ( approximately 40 square meters) of a building located in Daejeon Jung-gu, Daejeon, with a term of KRW 20,000,000, monthly rent, KRW 1,900,000, and the term of lease from June 22, 201 to June 22, 2013 (two years).

B. After that, on June 21, 201, the Plaintiff concluded a franchise store agreement with the Defendant Korea Development Bank Co., Ltd. (hereinafter “Korea Development Bank”) on the following terms: (a) the membership fee of KRW 4,00,000 (excluding value-added tax); (b) the amount of KRW 14,00,000; and (c) the amount of KRW 500,000; and (d) the amount of confirmation under Article 4 of the General Provisions of Chapter 1 as follows; and (b) the details of confirmation under Article 10:

(hereinafter referred to as “instant contract”). [Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the entire pleadings

2. The plaintiff's assertion

A. Defendant B, who is an agent of Defendant B’s illegal act (the network) committed by Defendant B in Korea, had the Plaintiff, the agent of the Plaintiff, enter into the instant contract by deceiving the Plaintiff’s G as follows, and thereby, the Plaintiff suffered serious damages in relation to the operation of convenience stores.

1) Defendant B displayed false or defective statements that daily sales amounting to KRW 1,300,00 at the time of “E” operated by H. (2) Defendant B displayed to G the false or defective statements that the sales amounting to KRW 1,500,000 in the year of establishment in the second year, KRW 1,700,000 in the second year, and KRW 1,90,000 in the third year.

3 Defendant B made a statement to the effect that “The existing I franchise store located within a distance of 100 meters from E store is scheduled to be closed, and there is no other competitor’s franchise store in the surrounding area, and thus the exclusive profit date is high.” After the Plaintiff’s establishment of J store, the Plaintiff newly established K store at a distance of 127 meters from J point on July 31, 201, which was 127 meters away from 127 meters from the time of establishment.”

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