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(영문) 춘천지방법원강릉지원 2019.04.16 2018가단35192
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 2, 2017, the Plaintiff asserted that: (a) leased the “E” franchise store operated by the second apartment shop in the East Sea (hereinafter “instant commercial building”); (b) on September 2, 2017, the Plaintiff agreed to immediately transfer the instant commercial building if the purchaser occurs even during the lease period, and (c) on October 2, 2017, the Defendant agreed to immediately transfer the instant commercial building; and (d) even if the Defendant was to purchase KRW 35 million in the instant commercial building in the first place, the Plaintiff interfered with the sale of the commercial building, thereby resulting in the Plaintiff’s failure to recover the facility cost of KRW 35 million in the instant commercial building.

In addition, after the expiration of the above lease term, the defendant runs the same franchise franchise store within the same business hub area, and the plaintiff suffered a loss equivalent to five million won in the cost of removing facilities for the commercial buildings of this case.

Therefore, the defendant is obligated to pay the plaintiff damages amounting to 40 million won and damages for delay.

2. In full view of the respective statements and arguments stated in Gap evidence Nos. 1, 2, 7, 8, Eul evidence Nos. 2, 3, and 4, the plaintiff entered into a franchise agreement with F Co., Ltd. on June 12, 2017 and invested KRW 6,930,00 in the start-up cost. The plaintiff entered into a business registration agreement with F Co., Ltd. on June 15, 2017 with the trade name "E" and entered into the business registration in the instant commercial building on June 15, 2017 and leased the business office owned by the plaintiff to the defendant on September 2, 2017 on the condition as alleged above, while setting the facility cost of the Plaintiff's input in the instant commercial building on the condition as stated in the above, and if the plaintiff was paid the premium above the above amount, the defendant agreed to bring the excess amount to the defendant from around September 1, 2017 to the location of the pertinent commercial building after the completion of the business registration.

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