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1. The Defendant’s KRW 45,00,000 and its annual rate from August 4, 2013 to February 7, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. C’s franchise business (1) Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) is a franchisor of “D” that sells Han-type city, which is a corporation operating franchise business, and operated D’s direct management store (hereinafter “instant direct management store”) at Hyundai department E, F, G, and H stores from August 201 or September 1, 201 to March 1, 201.
(2) On December 21, 201, the Defendant, as a juristic person established to support the operation of D stores directly in modern department stores, which are special business areas, by the non-party company, was employed as the representative director of the non-party company from November 7, 201 to January 16, 201, and as the director of the non-party company from January 16, 201 to July 31, 2013, respectively.
(3) Meanwhile, the instant direct management store was registered as the Defendant’s branch from February 22, 2012 to August 19, 2013. However, during the said period, the Nonparty Company promoted the instant direct management store as a store directly operated by the Nonparty Company as a major strategic branch through the website, etc.
B. (1) On April 30, 2012, the Plaintiff entered into a bilateral investment agreement (hereinafter “instant agreement”) with the Defendant on April 30, 2012 with the brokerage of the business start-ups Co., Ltd. (hereinafter “business start-ups”) and paid the Defendant a total of KRW 70 million. The main contents of the instant agreement are as follows.
The defendant (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") shall enter into a contract (hereinafter referred to as "this contract") as follows in vicariously performing the operation of the store owned by Gap:
Article 2 (Investment Amount and Payment Arrangement): 45 million won per day, 25 million won per day, 25 million won per day, 70 million won per day, 3 (Contract Period)
1. The term of a contract shall be from May 1, 2012 to July 31, 2012;
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