logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.20 2014가단253611
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion made a sales management agreement between the Defendant and the Defendant, who received and introduced consulting costs of KRW 6 million to the business start-up corporation. From July 2014 to one year, the Defendant concluded a sales contract stipulating matters necessary for the Plaintiff’s operation of the department store B store store store (hereinafter “instant agreement”) and promised to guarantee KRW 2,50,000 per month’s operating income.

However, the Plaintiff, even though there was no cause attributable to the Plaintiff on August 2014, was unilaterally notified by the Defendant of the termination of the contract and could no longer operate the business. As such, the Plaintiff sought payment of KRW 33,500,000,000, operating income for 11 month guaranteed by the Defendant (i.e., KRW 27,500,000 x 11 month) as above, for consulting expenses incurred in entering into the instant agreement with the Defendant.

2. First of all, in light of the following circumstances, it is insufficient to recognize the fact that the evidence submitted by the Plaintiff alone does not have any reason to return to the Plaintiff, even though the Defendant did not have any reason to return to the Plaintiff, unilaterally received notice of termination of the contract from the Defendant and received such notice from the Defendant to no longer operate the business. In light of the following circumstances, it is difficult to recognize the fact that the Defendant unilaterally received notice of termination of the contract from the Defendant despite the absence of any reason to return to the Plaintiff.

Therefore, the plaintiff's above assertion based on this premise is without merit without further review.

Article 11(3) of the Burial Management Agreement (Evidence A) prepared at the time of the instant agreement provides that “The Plaintiff shall faithfully implement the rules on store B, and shall always be informed of the rules determined by the Defendant and the department store B in terms of personnel management and sanitary management.” Article 11(4) of the same Act provides that “The Plaintiff shall faithfully perform the business matters concerning stores and the Defendant’s instructions during the contract period.”

arrow