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(영문) 서울남부지방법원 2019.07.18 2018가합111312
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered into a franchise agreement on the operation of the D convenience store (hereinafter “each of the instant franchise agreements”) with the Defendant, the franchisor of the D convenience store, as shown below (hereinafter “each of the instant franchise agreements”), as the name of each store, if necessary.

The part related to the issue of this case among the contents of each franchise agreement of this case shall be as shown in attached Form 1.

The term of contract for the location of the store for the Serial store 1 Gwangju Metropolitan City, Gwangju Metropolitan City, September 3, 2014 from October 3, 2014 to October 2, 2019, Gwangju Metropolitan City, Gwangju Metropolitan City, October 23, 2014 to November 3, 19, 2014; the purport of the entire pleadings and arguments, each of the entry in the evidence (including each number, hereinafter the same shall apply) under subparagraphs 1 through 4, 6, and 6 (including each number, hereinafter the same), and each of the whole pleadings, in the case of Gwangju Metropolitan City, from November 20, 2014 to November 3, 19, 2019.

2. The parties' assertion

A. The Plaintiff asserted that it was impossible for the Plaintiff to operate the franchise agreement as the Plaintiff accumulated in the course of operating the store in accordance with each of the instant franchise agreements, and the Plaintiff expressed his/her intent to terminate each of the franchise agreements in accordance with Article 40(3) of the franchise agreement.

On the other hand, the defendant bears the liability to compensate the plaintiff for damages caused by the false public notice of the cost of convenience store goods, ② the liability to compensate for damages caused by the provision of a false or exaggerated statement of estimated sales at the time of entering into each of the instant franchise agreements, ③ the liability to compensate for damages caused by the breach

The plaintiff set off all claims, such as the termination fee claim against the plaintiff following the termination of the franchise agreement by making the above damage claim as the automatic claim, and in such a case, he/she seeks confirmation without any remaining obligations of the plaintiff.

B. The instant franchise agreement was lawfully terminated upon the Defendant’s unilateral suspension of convenience store business under each of the instant franchise agreements by expressing his/her intent to terminate the contract in accordance with Article 42(1) of the franchise agreement.

The defendant shall pay to the plaintiff the sales claim or penalty.

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