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(영문) 인천지방법원 2015.12.17 2015나54639
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. around November 2013, Defendant C decided to carry out “E” franchise business from G operating a cambling store in the name of Gangnam-gu Seoul Metropolitan Government, prepared a franchise agreement, an information disclosure statement, a cooking note, and a E franchise website.

On May 29, 2014, Defendant B, the wife, filed an application for registration of service mark “E” with the Korean Intellectual Property Office.

B. In order to operate a small-scale beer shop around April 2014, the Plaintiff was introduced by the Defendant C who runs the “E” siren business through O of the employees of the neighboring real estate owners.

C. On April 13, 2014, the Plaintiff leased the first floor of the JJ building 117 (hereinafter “instant store”) to the broker of theO, and concluded a franchise agreement with Defendant C and E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E

(hereinafter “instant franchise agreement”). D.

After that, while preparing the interior work of the instant store, the interior work was changed at the Plaintiff’s request, and the interior work cost was increased. Accordingly, the Plaintiff began to pay KRW 10 million to Defendant B on June 20, 2014, and the Plaintiff paid KRW 34750,000,000,000 for the interior work until July 3, 2014.

Accordingly, from June 2014 to June 2014, the Defendant carried out artificial insemination work through P. By July 21, 2014, the Defendant supplied the instant store with ccentler machines, chairs, food materials, etc.

E. Around July 17, 2014, the Plaintiff was receiving education from Defendant C at the instant store, but Defendant C was not well aware of the scambling of the chickens or informing Defendant C of the manufacturing machine of it.

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