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Reasons
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(영문) 서울중앙지방법원 2015.10.23 2014가단5077935
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant’s contract of operating the 1st basement underground of the Plaintiff’s modern department stores (1) the Defendant’s contract of operating the 1st basement underground of the same class store among the modern department stores (hereinafter “C”) is around November 201, Hyundai department stores Co., Ltd. (hereinafter “Mo department stores”).

(C) A store selling D in the first floor of the 1st floor underground of the dong store among modern department stores in the 1164-dong, Seocheon-si, Seocheon-gu (hereinafter referred to as the “instant store”).

A) A contract was concluded with respect to the instant store operation contract. The contract was extended from August 1, 2012 to July 31, 2013. According to the foregoing operation agreement (A2), where the Defendant indirectly operates the instant store to a third party, etc., the contract may be terminated (Article 2), and the Defendant shall compensate for KRW 30 million to the modern department store. 2) While the Defendant and E directly operated the instant store, the Defendant entered into the instant sales agency contract with E on January 2, 2012 (i.e., KRW 50,000,000,000,000,000,000,000,000) from January 25, 2012 to January 24, 2013, 2012.

(A) 3) The Plaintiff’s contract for the transfer or acquisition of the instant store between the Plaintiff and E is a business start-ups Co., Ltd. (hereinafter “business start-ups”).

(A) On April 7, 2012, E acquired the sales right of the instant store from E to KRW 80,000 (A) 4) an operating agency contract between the Plaintiff and the Defendant (contract duration)

1. The contract period shall be from April 13, 2012 to January 24, 2013;

Article 4 (Management and Operation of Contract Points)

1. The managing body and the external contracting body of the instant store shall be the Defendant, and all contract terms, fees, and all matters to be entered into between the Plaintiff and the Defendant shall be subject to the contract concluded between the Defendant and the Hyundai Department Store.

2. The store of this case is operated under the responsibility of the plaintiff, and is managed and supervised by the defendant.

In addition, the Plaintiff stores of this case.

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