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(영문) 제주지방법원 2015.08.11 2014가단13661
채무부존재확인
Text

1. On May 7, 2014, the Plaintiff’s obligation to return the construction contract rescission to the Defendant does not exist.

Reasons

1. Basic facts

A. 1) The Defendant intended to start a franchise business through AB. B, on March 2014, the Defendant sought explanation of the Plaintiff’s headquarters of the franchise business and approval for the establishment of a franchise store, and on April 10, 2014, he/she sought confirmation of the Plaintiff’s explanation of the franchise business and the establishment of a franchise store. On April 10, 2014, the Plaintiff’s 104 of the instant store (hereinafter “instant store”).

2) On April 13, 2014, the Plaintiff agreed to substitute KRW 3,300,000 for the franchise education expenses to be paid by the Defendant on April 30, 2014, and agreed to substitute KRW 3,33,00,000 for the franchise education expenses to be paid by the Defendant, and paid KRW 2,00,000 for the remainder of the franchise education expenses to the Plaintiff on April 30, 2014.

3) On April 24, 2014, B received a written contract for the construction work from the Plaintiff to conduct the Plaintiff’s franchise store business at the instant store and received the written contract for the construction work on May 7, 2014 (hereinafter “instant contract for the construction work”).

After concluding a contract, the construction began on May 8, 2014. At the Plaintiff’s request, the Plaintiff paid KRW 94,594,500, which is KRW 70% of the construction cost on May 9, 2014, as advance payment. 4) On May 8, 2014, the Plaintiff and the Defendant drafted a franchise agreement on the Plaintiff’s right to operate the Plaintiff’s franchise store (hereinafter “instant franchise agreement”).

B. The Plaintiff’s response to the Plaintiff’s response to 1 general programming broadcasting company.

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