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(영문) 서울서부지방법원 2020.10.08 2019가단15826
매장인테리어대금 및 보증금
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne by the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff and C agreed on the operation of the E-mail, etc. store located in Pyeongtaek-si D (hereinafter “instant store”).

The defendant operated the F agency.

On January 2017, the Plaintiff submitted a business proposal under the name of the Defendant to D.

The defendant entered into a sports brand sales contract with D on April 2017.

Plaintiff

Before June, 2017, C entered into a contract with the Defendant for continuous supply of the instant store E, etc. from June to September, 2017.

(hereinafter “Plaintiff’s claim for the supply of goods.” Since September 2017, the Plaintiff received G’s assistance from the Defendant’s side staff during the mid-term period from September 2017 to October 201, and disbursed KRW 44,130,000 as the tegrative cost of the instant store, and disbursed USD 3,700 as the deposit for D.

On October 26, 2017, the Plaintiff opened the burial of this case.

The sales price of the store was deposited into the bank account under the name of the defendant.

B. However, from February 2018, the Plaintiff failed to be properly supplied with E, etc. from the Defendant.

Furthermore, on October 2019, the Defendant notified the first Plaintiff that he could not supply the shoes, etc.

This is an obvious breach of contract.

Accordingly, the Plaintiff closed the instant store on October 31, 2019.

The plaintiff operated the store of this case for two years during the contract term of five years between D and D, but was unable to operate the store of this case for the remaining three years.

After the settlement of the deposit, the deposit was deposited into the bank account in the name of the defendant like the credit card sales price of the store of this case.

C. The sales amount of the instant store, as indicated in the F Burial Settlement Table (No. 16) in D from November 2017 to the closure point of time from the closure point of time, is the remainder after deducting the product purchase price, general expenses, and personnel expenses, and the profits therefrom are the total of 36,085,506 won and the Plaintiff’s share among them.

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