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Reasons
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(영문) 부산지방법원 2018.06.12 2016가단304344
손해배상(기)
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1. The lawsuit against the defendant B shall be dismissed;

2. The plaintiff's claim against the defendant C is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On April 5, 2015, the Plaintiff

5.2. He heard proposals on the operation within the dynamic duty-free shop of imported cosmetics (hereinafter “D”) from Defendant B, and remitted Defendant B’s Easters of Defendant B a total of KRW 60 million on May 8, 2015, and KRW 30 million on May 12, 2015 (including store interior expenses of KRW 10 million) to Defendant C for investment.

B. On May 9, 2015, Defendant C concluded a contract with the representative director of E Co., Ltd. (hereinafter “E”), the domestic duty-free shop of “D” cosmetics, and part of the franchise store business (excluding both duty-free shops) of E Co., Ltd. (hereinafter “G”) to transfer to G Co., Ltd. (hereinafter “G”), and first, before May 15, 2015, G paid KRW 10 million to F as the premium for the winter duty-free shop, and paid KRW 5 million to F at separate interior cost. On May 13, 2015, Defendant C remitted KRW 10 million to the account in the name of F’s wife, and KRW 30 million to E, such as the cost of selling goods, on May 13, 2015.

C. On May 11, 2015, Defendant C established G for the purpose of retailing and exporting and importing cosmetics and taking office as its representative. D.

On May 12, 2015, the Plaintiff entered into a trade agreement with Defendant B and the Plaintiff (hereinafter referred to as the “instant trade agreement”) providing that “The Plaintiff shall operate the “D” store within the dong-free shop (the representative title shall be the Plaintiff), but if the additional project cost is incurred, the Plaintiff shall invest in the proportion of 5:5” (hereinafter referred to as the “instant trade agreement”).

E. On May 12, 2015, the Plaintiff and Defendant B entered into a business entrustment agreement (hereinafter “business entrustment agreement”) with regard to the operation of stores in the duty-free shop, which read that “G shall establish “D” stores with the permission of shop occupants in the same duty-free shop, and the Plaintiff and Defendant B jointly run the I branch, by obtaining cosmetics from G and operating “D” stores in the same duty-free shop.

F. Meanwhile, I branches on May 23, 2015.

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