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(영문) 서울중앙지방법원 2017.01.13 2015가합509363
손해배상(기)
Text

1. Defendant B and C jointly share KRW 17,000,000, and Defendant B and Defendant C share the same from May 4, 2015.

Reasons

Defendant B (hereinafter “Defendant B”) is a company that engages in the business of mutual franchise business, such as “B and E,” and Defendant C is the representative director of Defendant B.

Defendant D is a person who runs a consulting business on the establishment, etc. of a franchise store under the trade name of “F”.

The Plaintiff is a person who has entered into a franchise agreement with Defendant B, and a consulting contract for the establishment of a franchise store with Defendant D.

The pertinent Plaintiff, upon the conclusion of each of the instant franchise agreements and the agreement, proposed the establishment of a franchise store of “B”, which engages in the business of selling “sales of Lone Star, etc.” from Defendant D around May 2014.

Accordingly, on May 16, 2014, the Plaintiff entered into a franchise agreement with Defendant B on the terms of “B”, “Seoul Jung-gu G, 11st floor,” and “the term of the contract from May 16 to May 15, 2018” (hereinafter “instant first franchise agreement”).

At the time of the above franchise agreement, the Plaintiff agreed to pay the franchise fee of KRW 15 million (excluding value-added tax) and KRW 5 million, etc. on May 16, 2014, and KRW 5 million on May 17, 2014, respectively, as the franchise fee, and KRW 2 million on May 20, 2014.

In addition, the Plaintiff entrusted Defendant B with the purchase of interior works, kitchen facilities, and various collection equipment for the foregoing franchise store. On June 5, 2014, the Plaintiff placed KRW 30 million on June 5, 2014, KRW 35 million on June 18, 2014, and KRW 1.5 million on March 2, 2015, respectively.

However, as the Plaintiff and Defendant B made it difficult to rent the store location according to the instant first franchise agreement, the Plaintiff and Defendant B decided to change the said agreement into the “E” franchise agreement with the business of selling food to Vietnam, such as rice stations, etc.

Accordingly, on July 23, 2014, the Plaintiff entered into the instant franchise agreement (hereinafter referred to as “instant franchise agreement”) with Defendant B on the terms of “E”, “E” with the location of the store, “H, B, B, B07D”, and “the term of the contract from July 23, 2014 to July 22, 2019.”

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