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Reasons
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(영문) 서울중앙지방법원 2017.04.28 2016가합501939
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that imports and sells E products that are English children’s brands. Defendant B is a franchise business entity that entered into a franchise agreement with the Plaintiff and Defendant C is the father of Defendant B. Meanwhile, Defendant D was the Plaintiff’s internal director from March 2, 2012 to December 15, 2014. 2) On December 10, 2012, the Plaintiff entered into an agent franchise agreement with Defendant B (hereinafter “instant franchise agreement”).

3) According to the instant franchise agreement, Defendant B is the first floor No. 3 of the F Building No. 118 of the Subdivision-gu, Sungnam-si (hereinafter “instant store”).

In this chapter, the agency that sells E products was operated.

(b) Preparation, etc. of written agreements;

1. A (Plaintiff) and B (Defendant B) shall be deemed to have settled the outstanding amount against A at the same time as they deposit E,00,000 won to A.

Deposits shall be made into the following accounts:

Account Number shall be the General Resolution Bank G.

A. 2. A will use B’s stores from July 14, 2014 and determine detailed matters on September 13, 201.

In other words, the part concerning the continuous use of the store shall be discussed and decided again as a detailed contract on August 13.

1) Defendant B did not pay the sales commission agreed upon to pay the Plaintiff in the instant franchise agreement. Accordingly, the Plaintiff and Defendant B’s following agreement on July 14, 2014 (hereinafter “instant agreement”).

2) The Plaintiff’s seal impression is affixed to the Plaintiff’s written agreement (No. 5).

However, on the same day, the Plaintiff and Defendant B’s name “A” and “B” and “B” deposit Lee million won to Party A, and simultaneously pay in full all outstanding amounts to Party B, including sales commission and inventory, etc., and the agency contract relationship is terminated.

Deposits shall be made into the following accounts:

Account number shall be the National Bank.

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