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(영문) 서울중앙지방법원 2014.07.23 2014가단56933
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On October 12, 2011, the Plaintiff entered into a franchise agreement with Defendant B on October 21, 201 as the broker of Defendant B with Defendant C on October 21, 201 regarding “stores in D High School”.

However, the defendants did not perform their duty to provide consulting, various information, provide know-how and provide education, such as analysis of the start-up market as stipulated in the above contract.

In addition, the Defendants were able to make a private tender with respect to the bidding of the EM shop originally prepared by the Plaintiff, but they were able to make a bid through the connection of the Office of Education. ② In fact, the Plaintiff was 2 higher as the result of the bid even though there was no EM shop bidder or the first-class successful bidder did not deposit the remainder, and ③ in the case of D having been awarded a successful bid by introducing the Defendants as a better school shop, the limited items that the Defendants actually could sell are not sold at all, and there was no choice but to view that the Defendants would have suffered damage from the business district analysis of the Defendants.

Accordingly, the Plaintiff filed an application for the revocation of permission to use a store at Down around the end of February 2012, and delivered the store, and subsequently, the Plaintiff used the termination of each of the above contracts to the Defendants on the grounds of violating the agreement, but the Defendants kept contact.

As such, the Plaintiff concluded a business consulting service agreement and a franchise agreement with the Defendants’ deception, and accordingly, incurred damages of KRW 44,275,000 in total, including salesroom costs of KRW 15 million, KRW 5 million, KRW 5 million, KRW 12,375,00 management expenses for the three-month management expenses, KRW 1.8 million, KRW 4 million for initial purchase of goods (such as electricity, waste disposal expenses, etc.), KRW 4 million, KRW 17 million, and KRW 44,275,00 for contingent fees.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 30 million, which is part of the damages incurred to the Plaintiff due to nonperformance or tort, and the damages for delay.

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