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(영문) 서울중앙지방법원 2016.07.07 2015가합507459
손해배상 등
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. The Plaintiff is the representative director of F Co., Ltd. (hereinafter “F”) who engages in the franchise business with the trade name of “E” and Defendant B and D are the married couple.

B. On July 18, 2011, the Plaintiff, an optician, entered into a contract with Defendant B, who is not an optician, for the joint operation of Defendant B, and “G” (hereinafter “instant trade agreement”). The main contents of the instant trade agreement are as follows.

The plaintiff (hereinafter referred to as "A") and the defendant B (hereinafter referred to as "B") shall enter into a contract for joint management as follows with respect to the operation of G, and the matters of this contract (special agreement) shall be applied preferentially to Efran franchise agreements with respect to "G":

Article 1 (Purpose of Contract) This Agreement shall be concluded between “A” and “B” in order to determine fundamental rights and obligations between the parties by jointly prescribing matters concerning the management of G at the seat of the following real estate, and both “A” and “B” shall be performed in good faith.

The location of real estate: Article 2 (Period of Contract) (1) of Jongno-gu Seoul Metropolitan Government H No. 92.50 square meters (Period of Contract) of Jongno-gu Seoul Metropolitan Government shall be the period from July 18, 201 to December 31, 2013.

Article 3 (Terms and Conditions of Contracts) (1) "A" shall be responsible for and implement the overall matters (including settlement, expenses, distribution of profits, etc.) related to the construction of interior, such as interior, purchase of goods, employment of human resources, and the substantive business of the store after opening.

2. “B” is responsible and implemented for the use, management and preservation of the said real estate for open opening (including extension or renewal of the real estate contract with the lessor who is the owner of the building).

Article 4 (Apportionment of Expenses and Distribution of Profits) (1) Costs incurred in relation to open opening until the date of commencement of the G business, interior cost, raw materials cost, and machinery.

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