(영문) 서울동부지방법원 2014.11.18 2013가단57987

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(영문) 서울동부지방법원 2014.11.18 2013가단57987

계약금반환

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1. The defendant shall pay 59,800,000 won to the plaintiff and 20% per annum from April 24, 2104 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 15, 2011, the Plaintiff entered into a franchise agreement with the Defendant to manage the Defendant’s branch office B upon entrustment by the Plaintiff. On September 15, 2013, the Plaintiff paid the Defendant the remainder of KRW 45 million on September 23, 2013 as the Defendant’s license and equipment usage fee.

B. The Plaintiff paid five million won to the business start-ups Co., Ltd. in the process of the above contract.

C. On November 201, 201, the Defendant was unable to operate the winter box because the temperature of the said branch was lowered after the contract was entered into, and did not run the said B branch business.

From November 4, 2011 to March 8, 2012, the Plaintiff paid 4.8 million won in total to the Defendant as the rent.

E. After that, the Defendant provided that the Plaintiff may sell the Plaintiff at another place of the Defendant, but failed to comply with the provision.

F. On February 24, 2014, the Defendant entered into an agency contract for the Defendant’s branch B and had C operate the branch B.

G. After filing the instant lawsuit, the Plaintiff expressed its intent to cancel the said contract on the grounds of impossibility of performing the franchise agreement between the Plaintiff and the Defendant.

[Ground of recognition] Evidence Nos. 1 through 7, the purport of the whole pleadings, and the fact that there is no dispute

2. According to the above facts of recognition, the contract between the plaintiff and the defendant entered into an impossible performance due to the reasons attributable to the defendant, and the contract was cancelled for this reason. Accordingly, the defendant is obligated to refund 50 million won in license and equipment usage fees and 4.8 million won in the name of rent paid by the plaintiff to the plaintiff to the plaintiff to the original state, and the plaintiff is liable to compensate for damages, and the amount of five million won in the commission paid by the plaintiff to the plaintiff and the amount calculated by the ratio of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 24, 2014 to the date of payment as

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