logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.04 2014가단5320851
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 32,268,956 on September 13, 2014 and its amount on December 2, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates the business of reducing convenience store with the trade name of “Franchis” (the “Franchis” before the modification. The Defendant entered into the instant franchise agreement with the Plaintiff around October 12, 2012 (hereinafter “instant franchise agreement”) and opened on November 30 of the same year, and operated the “C Point” on the B and the first floor of Ilyang-gu, Manyang-si (hereinafter “instant franchise agreement”). The main contents of the said franchise agreement are as indicated in the attached franchise agreement, and the “franchise” in the attached Form above refers to the Plaintiff, and the “franchise” refers to the Defendant.

In addition, at the time of the conclusion of the above franchise agreement, the Plaintiff entered into a "special agreement on grants" as shown in the attached Form with the Defendant, and paid KRW 7 million to the Defendant for the lump-sum payment.

B. At the time when the Plaintiff and the Defendant entered into the instant franchise agreement, the new building construction was carried out on the side site of the building that the instant franchise store was scheduled to rent. However, according to Article 3 of the Rules on Criteria for Designation of Tobacco Retailers in Goyang-si Ordinance, the distance between the places of business of tobacco retailers is at least 50 meters, and the distance between the places of business of tobacco retailers is at least 25 meters, among the buildings with six or more stories and the entrances leading to the inside of the said tobacco retailers, to ask D, who were in charge of the new convenience store development as an employee of the Plaintiff at the time, for the possibility that the new convenience store will rent on the said new building.

Because of the lack of tobacco sales, convenience stores were unlikely to be sold.

C. Since May 30, 2013, the Defendant sent to the Plaintiff a certificate of content that “The owner of the said new building that is scheduled to be completed on February 2, 2014 at the GS convenience store and the lessee of the said new building are under lease consultation. The sales of the instant franchise store at the time of the above convenience store occupants are anticipated to reduce, etc., thereby disturbing the head office’s support,” and on December 6, 2013.

arrow