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(영문) 서울동부지방법원 2017.05.11 2016가합105334
손해배상(기)
Text

1. The Defendant’s KRW 54,610,275 as well as 5% per annum from July 14, 2016 to May 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a stock company established for franchise business, etc., which runs a franchise business concerning the sale of ice water and DNA products (hereinafter "the franchise business of this case") using the business mark "C" (hereinafter "the business mark of this case"). The plaintiff is a franchise business operator with the right to operate the "D store" (the "E store" is the same franchise store as the above; hereinafter "the franchise store of this case"), along with the right to use the above business mark, as seen below.

On the other hand, the non-party F is an external consulting business operator who is delegated by the defendant with the recruitment of franchise business operators related to the above franchise business.

B. On August 20, 2014, the Plaintiff asked F of the instant franchise business to the said F, and on August 23, 2014, F explained the instant franchise business to the Plaintiff, and on August 23, 2014, the Plaintiff introduced part of the number 202 and 203 square meters (hereinafter “instant store”) of the 202 and 203 square meters (the exclusive use area of 198 square meters; hereinafter “instant store”).

On August 23, 2014, the Plaintiff leased the instant store from Nonparty H KRW 100,00,000, monthly rent of KRW 6,000,000, and concluded a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant on September 24, 2014, the Plaintiff entered into between the Defendant and the Defendant, using the instant business mark, as a franchise proprietor of the instant franchise business, to operate the instant store at the instant store using the instant franchise agreement (hereinafter “instant franchise agreement”).

October 2014. 11. 201 December 2014, 2015: (a) monthly sales on March 2015, 2015, 19,924,924,80 14,756,800 18,881,300, 196,896, 200 18,238,000, 18,762,300 on December 2015, 2015

C. From October 2014 to September 2016, the Plaintiff operated the instant franchise store, and during the said period, the monthly sales of the instant franchise store (including value-added tax; hereinafter the same shall apply) are as follows.

Business month, April 2015, 2015.

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