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(영문) 서울중앙지방법원 2015.01.14 2014가합27659
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims against the defendants are dismissed.

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

Reasons

The summary of the case is as follows: (a) the Plaintiff was entrusted with the operation of the restaurant (hereinafter “instant store”) by Defendant C Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant C”) upon the introduction of Defendant C Co., Ltd. (hereinafter “Defendant C”), and the Plaintiff was primarily entrusted with the operation of the store of this case; (b) the Defendants committed a tort against the Plaintiff in violation of the Fair Transactions in Franchise Business Act or the Fair Transactions in Franchise Business Act (hereinafter “FF”) with respect to the conclusion of the entrusted operation contract; and (c) the Plaintiff’s primaryly committed a fraudulent act against the Plaintiff; (d) the Plaintiff’s payment of the deposit to Defendant C Co., Ltd. (hereinafter “Defendant C”) was KRW 17,150,000 (i) KRW 110,000,000,0000, KRW 7,1500,0000, KRW 7,150,0000, KRW 000, KRW 700,000,000 franchise agreement between the Plaintiff and Defendant C Co.

On March 14, 2014, the Plaintiff entered into a contract for requesting a new store with a business entity that is premised on the fact that the Plaintiff agreed to request a new store consulting to operate the instant store, and prepared a “contract for requesting a new store with a business entity” with Defendant C Company as follows:

Article 1 of the Terms and Conditions of Contract, the Plaintiff explained the details of the franchise headquarters and all matters related to the salesroom occupants from the employees of the Defendant C company, and based on this, the Plaintiff prepared a new contract for the implementation of the new store, and then entered into a lease contract with the lessor and the franchise headquarters through consultation. The details and schedule of the lease are as follows.

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