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(영문) 대전지방법원 2019.03.20 2018가단12695
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On July 24, 2016, the Defendant concluded a franchise agreement with the Plaintiff on July 24, 2016, by deceiving the Plaintiff to actively support the Plaintiff by moving the Plaintiff to the head office in Sejong City, and by deceiving the Plaintiff to operate a private teaching institute as a government subsidy by registering the voucher as a government-funded institution.

B. The Defendant did not comply with the instant franchise agreement, and the Plaintiff was closed on May 19, 2017. As such, the Defendant paid the Plaintiff the amount of KRW 96 million incurred by the tort (=56 million + KRW 40 million).

2. According to the reasoning of the evidence No. 1 of the judgment, the Defendant concluded the instant franchise agreement with D on July 24, 2016, stating that “The contract period from September 19, 2016 to September 18, 2018, shall be KRW 20 million, KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(Decree) Even if the Plaintiff is the actual party to the instant franchise agreement, there is no evidence to prove that the Defendant knew of such circumstances at the time of entering into the instant franchise agreement. Therefore, the Plaintiff’s assertion premiseding that the Plaintiff is the party to the instant franchise agreement is without merit without further review.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit.

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