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Reasons
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(영문) 부산고등법원 2016.11.10 2015나55748
손해배상(기)
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1. Revocation of a judgment of the first instance;

All of the plaintiffs' claims are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. Defendant E is the representative director of F Co., Ltd., and Defendant D is the representative director of F Co., Ltd., and the representative brand name of F Co., Ltd. is R.

B. On December 22, 2014, Plaintiff A entered into an agency franchise agreement with Defendant D to operate G, and around that time, Plaintiff A paid KRW 80 million in total, including KRW 5 million, KRW 15 million, and KRW 60 million, from around that time to January 8, 2015.

C. On January 8, 2015, Plaintiff B entered into a franchise agreement with Defendant D to operate H points. From around that time to January 30, 2015, Plaintiff B paid KRW 80 million in total, including KRW 5 million, KRW 15 million, and KRW 60 million, from around that time, to January 30, 2015.

Plaintiff

C entered into an agency franchise agreement with Defendant D on March 13, 2015 to operate I points, and paid to Defendant D KRW 40 million in total, including KRW 5 million for franchise, KRW 15 million for deposit, and KRW 20 million for early delivery on the same day.

(hereinafter referred to as "each agency franchise agreement") e.b. each of the above agencies franchise agreements.

The Plaintiffs operated G stores, H Points, and I Points (hereinafter collectively referred to as “each agency”) in accordance with each agency franchise agreement, and sent to Defendant D a certificate of content to the effect that the Plaintiffs: (a) around April 9, 2015; (b) around April 24, 2015; and (c) around April 22, 2015; and (b) around April 22, 2015, Plaintiff C supplied each agency with a mixture of carry-over products, new products, and defective products, etc., different from the supply of new products at the time of concluding each agency franchise agreement; and (c) at that time, the content certification reached Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 8, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion 1 tort is based on the plaintiffs' assertion 1 tort.

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