(영문) 서울중앙지방법원 2016.07.22 2015나70678

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(영문) 서울중앙지방법원 2016.07.22 2015나70678

손해배상금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The party's assertion

A. Plaintiff’s assertion 1) Around May 2014, the Plaintiff is running a business such as franchise business. Around May 2014, the Defendant revealed the intent of investment, and the Plaintiff and the Defendant concluded a club business agreement with the purport that “the Defendant shall invest KRW 200 million, but the share ratio shall be KRW 50:50, and the Defendant shall delegate all the Defendant to the Plaintiff.” Accordingly, the Plaintiff spent KRW 29.3 million for the preparation of the same business, such as entering into a lease agreement with the store in physical color. However, the Defendant unilaterally reversed the club business agreement on July 30, 2014 on the ground that the investment amount was not provided.

As a result of the Defendant’s reversal of the above unfair contract, the Plaintiff suffered damages from the expenditure of KRW 29.3 million. As such, the Defendant sought payment of KRW 48.6 million, which is part of the total amount of KRW 29.3 million, in calculating the amount of KRW 48.6 million, or KRW 58.6 million, and the Plaintiff merely sought payment of KRW 48.6 million, as a double amount.

shall be liable to compensate for such loss.

B. The Defendant’s assertion 1) was promoted the conclusion of a partnership agreement with the Plaintiff, but there is no specific fact that the Defendant has concluded an agreement with the Plaintiff to invest KRW 200 million in the Plaintiff. 2) The Plaintiff unilaterally promoted the preparation process of the partnership agreement without notifying the Defendant of the fact that: (a) the agent of the partnership is changed from the corporation to the Plaintiff; (b) the method of the partnership is changed from the direct operation to the entrusted operation; (c) the nominal owner of the commercial lease contract was arbitrarily changed to the Plaintiff’s name; (d) the basis for calculating

The defendant decided not to make an investment in the plaintiff on the ground that such an attitude of the plaintiff is not reliable, and there is no reason for the defendant to reverse the contract.

2. Determination:

A. A contract is entered into at the negotiation stage by either party.

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