(영문) 인천지방법원 2015.06.10 2014가단85932

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(영문) 인천지방법원 2015.06.10 2014가단85932

위약금등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the purport of the entire pleadings, the following facts may be acknowledged in light of the evidence Nos. 1, 2, 3, 6, 3, 3, 4-1, and 4-2 of the basic facts:

On October 17, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, whereby the Defendant used the Plaintiff’s trademark, service mark, trade name, and other business marks such as the Plaintiff’s trademark, service mark, trade name, and signboard, with the name of the franchisee, “Defendant,” the seat of the franchise store, and the size of “902-33th floor in the Dobong-dong, Young-gu, Seoul Special Metropolitan City, the name of the franchise store (hereinafter “instant respondent”).

B. On October 17, 2014, the Plaintiff entered into a contract with the Defendant for facilities, the term “the total construction cost of KRW 125 million ( KRW 137,500,000,000,000,0000,0000,0000 for contract deposit,” and the term payment of KRW 30,000,000,000 for intermediate payment, KRW 30,000,000 for intermediate payment, and KRW 30,000,00 on October 20, 2014, with the content that the remainder payment of KRW 64,00,00,000 shall be paid on November 10, 2014.

(hereinafter referred to as “instant facility contract”). C. In all cases, each of the instant contracts is referred to as “each of the instant contracts.”

On October 17, 2014, the Defendant deposited KRW 1 million to the Plaintiff. On October 2017, the Defendant notified the Plaintiff’s employee in charge of entering into each of the contracts of this case that the contract of this case would be rescinded in light of the circumstances.

(hereinafter “Cancellation of Contract in this case”) D.

On October 21, 2014, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of the advance payment, demanding the performance of each of the instant contracts, and accordingly, the Defendant rescinded the contract by means of text messages, content-certified mail, etc.

2. The plaintiff and the defendant's assertion

A. The plaintiff is the cause of the claim in this case, and the defendant raises objection.

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