(영문) 서울서부지방법원 2017.04.27 2016가합38603

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(영문) 서울서부지방법원 2017.04.27 2016가합38603

손해배상(기)

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1. The Defendant’s KRW 25,003,00 for the Plaintiff and KRW 6% per annum from October 1, 2016 to April 27, 2017.

Reasons

1. Basic facts

A. The Defendant is a company whose main business is to have a chain store or a direct store sell goods or services, such as roasting, rice, yeast water, etc., in accordance with certain quality standards and business methods, and to support, educate and control business management, business activities, etc. Accordingly, the Plaintiff entered into a contract with the Defendant on November 1, 2013 with respect to the 7th E stores of the D Building in Seongbuk-gu, Sungnam-si (hereinafter “instant store”) for a period of one year from November 1, 2013 and for a period of one year from November 1, 2013 to guarantee the right to operate the store (hereinafter “instant contract”).

B. Of the instant contract, the part relating to the instant case is as follows.

(B) In the following, the purpose of this Agreement is to prescribe all matters necessary for the operation of the “Defendant”, “B”, and “B”, and the rights and obligations of both parties, at the request of the owner of the building, under Article 1(1)(a) of the E-store Operation Agreement, the establishment of the E store under the direct management of the “Plaintiff”, under the conditions as to the direct management of the “B” (hereinafter referred to as “direct management store” in this section, and limited to the direct management store).

Article 3 (Investment Funds in Section 3 (B)

(b)all the expenses incurred in connection with E store facilities for the operation of the facility gold and the store directly responsible for restoration costs shall be fully borne by “B”, and “B” shall be paid within three days from the date of the request by “A”;

Provided, That the facility funds shall not be returned at the time of commencement of the construction, and where the restoration expenses of "A" are incurred at the time of the completion of the project, "B" shall be borne.

C. Article 3(a)(a) provides that KRW 10 million shall be deposited into the passbook in the name of the head of the Tong within the payment period of the “B deposit” and the total amount shall be maintained at the expense of the head of the Tong.

Provided, That the experimental funds shall be increased according to business activities.

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