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(영문) 서울고등법원 2016.01.14 2015나2006393
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of carpets, Lestop franchise business (franchising) and training business, and operates a coffee specialty franchise with the trade name of "carpet set".

In around 2013, the Plaintiff became aware of the Defendant by introducing the business start-ups Co., Ltd. (hereinafter referred to as “business start-ups”), a broker or intermediary company, while preparing for business start-ups with her husband I.

B. Around June 2013, the Plaintiff and the Defendant, as the broker of the business start-ups, concluded a franchise agreement with the Defendant, stating that the Plaintiff would operate the Defendant’s franchise store “Ka Pa Pa Pa Pa Pa P” from August 2013. On June 4, 2013, the Plaintiff transferred KRW 30 million to the Defendant’s account, KRW 46 million to the Defendant’s account, and KRW 10 million to the Defendant’s account, the Defendant’s employees, as the broker of the business start-ups, respectively. (2) Meanwhile, the Defendant, as at the time of entering into the agreement with the Defendant, K AP consulting firm (hereinafter “K”) to establish the “Ka Pa Pa P” D (hereinafter “instant agreement”).

L, based on the premise that the Defendant directly sold the “car P” store, L entered into a lease agreement between E Co., Ltd. (hereinafter “E”) and the Defendant, which is the lessor of the store, on the premise that the Defendant would directly sell the “car P” store.

3. On July 2013, the Defendant recommended the Plaintiff to sell the said store to the “Ka Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa

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