beta
Text
1. From February 17, 2015 to January 24, 2017, the Plaintiff’s KRW 105,00,000 against the Defendant among the judgment of the first instance.
Reasons
1. Basic facts
A. Defendant side’s establishment process 1) The purpose of the Plaintiff is to establish a postnatal care center business, postnatal care center franchise business, and the interior decoration business of a postnatal care center. 2) C (the husband of Defendant E) concluded that, around July 10, 2012, in order to establish a postnatal care center, the construction work of a man-company, working for the Plaintiff as a swimming pool D, 25, 301, 304, and 401, which had been already operated as a swimming pool, was designated as a construction cost of 1.2 billion won (hereinafter “instant construction contract”), and the down payment of the down payment of the contract amount of KRW 20 million,00,000,000, in consultation on the date of conclusion of the contract, and the intermediate payment and remainder payment, in accordance with the bank loan progress.
3) Around that time, C obtained a loan of KRW 1 billion from the Industrial Bank of Korea to raise the above construction cost (hereinafter “instant loan”).
(4) On July 20, 2012, C established a defendant and appointed as a representative director for the purpose of operating a postnatal care center in the above commercial building, but resigned on October 25, 2012, and E, its wife, became its representative director.
5) From September 1, 2012 to January 7, 2013, the Plaintiff continued to work in accordance with the instant construction contract, and the said postnatal care center commenced its business from January 8, 2013. (B) On January 14, 2013, the Plaintiff entered into a franchise agreement with the Defendant to operate the Plaintiff’s “F store” (hereinafter the said franchise store was referred to as the “instant postnatal care center,” and the franchise agreement entered into between the Defendant and the Defendant.)
The main contents thereof are as follows:
Article 2 (Agreement on Franchiseess)
1. The Plaintiff consented to the Defendant’s operation of G postnatal care center member stores by G Postnatal Care Center system according to the determination of this contract.