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(영문) 서울중앙지방법원 2017.02.09 2014가합10453
손해배상
Text

1. The Defendant’s KRW 353,048,133 as well as 5% per annum from January 29, 2014 to February 9, 2017 to the Plaintiff.

Reasons

Basic Facts

The relevant Defendant is a franchisor that grants franchisees the right to operate a franchise store using business marks, such as the trademark, trade name, and business system of the “C” and runs a franchise business in return for the payment of the price therefor. D (hereinafter “D”) is a corporation that provides business start-up consulting in the name of “E”.

F is the representative director of the defendant, and G is the employee belonging to D.

The Plaintiff entered into a consulting service contract with D around September 2013, and the Plaintiff’s mother entered into a franchise agreement with the Defendant to operate a store with a license granted by the Defendant to operate a store under the name of H on October 12, 2013.

A lease-related corporation I (hereinafter referred to as "I") for the store of this case is a company that leases, manages and operates the first floor coffee shop and underground convenience facilities among LA buildings in Seocho-gu Seoul Metropolitan Government K owned by the school foundation J.

On October 4, 2013, the Defendant leased some of 288 square meters (hereinafter “instant store”) out of the convenience facilities for the first floor underground of L Building managed and operated by I as above from I on October 4, 2013, from October 4, 2013 to September 30, 2016, the lease deposit amounting to KRW 150,000,000,000 and monthly rent (excluding value-added tax) (Provided, That by one year from the date of the contract, at least KRW 23,000,000 per month, and at least KRW 25,000,000 per month thereafter) during the lease period.

(2) On October 10, 2013, the Plaintiff entered into a franchise agreement and sub-lease agreement (hereinafter “instant lease agreement”). On October 1, 2013, the Plaintiff received proposals from G to conclude a franchise agreement with respect to “C” and consented thereto. On October 11, 2013, the mother obtained a franchise license from the Defendant and the Defendant under the name of H, and entered into a franchise agreement with the term “member store name: M store: contract period: from October 11, 2013 to September 30, 2016” (hereinafter “instant franchise agreement”).

The plaintiff on October 11, 2013.

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