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(영문) 서울중앙지방법원 2019.01.31 2017가단5201173
손해배상(기)
Text

1. The Defendants jointly share KRW 70,000,000 with respect to the Plaintiff and 5% per annum from January 24, 2017 to January 31, 2019.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant Company”) is a franchisor as prescribed by the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”), which is a business for manufacturing and manufacturing household goods and miscellaneous goods with the business mark “E” and for selling sirens, such as wholesale and retail business, household goods, and miscellaneous goods. The Plaintiff is a franchisor as provided by the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”). In order to operate a EJ store on the first and second floor of the building owned by the Plaintiff in Kimhae-si, the Plaintiff is a franchise proprietor who entered into a franchise agreement with the Defendant Company during October 2017, and the Defendant C is a representative director of the Defendant Company.

B. In October 2017, Defendant D, an employee of Defendant G, who was in charge of the business of the Defendant Company, was to be a business director of the Defendant Company, had actively recommended the Defendant Company to enter into a franchise agreement with the Defendant Company by delivering the Defendant Company’s “E household store franchise” posted on the Defendant Company’s website to the Defendant Company. On October 14, 2017, the Plaintiff entered into a franchise agreement with G around October 14, 2017 to enter into a franchise agreement with the Defendant Company and, at the same time, had the Defendant Company enter into a franchise agreement with G to take place the place of business of the Defendant Company.

C. In short, Defendant C and the head of the headquarters, the representative director of the Defendant Company, found the Plaintiff along with Defendant D, and actively stated the conclusion of the franchise agreement to the Plaintiff by displaying the franchise franchise E advertisement of the Defendant Company. Ultimately, the Plaintiff concluded a franchise agreement with the Defendant Company on a group of verbal terms, followed procedures after concluding the franchise agreement, such as the performance of the interior works, and the supply of the first goods.

However, the franchise agreement between the Plaintiff and the Defendant was not prepared.

The Defendant Company agreed to the Plaintiff on December 17, 2017 on the open date of the instant store.

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