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(영문) 광주지방법원 2015.06.11 2013가단57493
손해배상 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 9,837,572 as well as the interest rate from October 9, 2014 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of evidence Nos. 1 through 15 (including branch numbers) and arguments, the Plaintiff entered into a franchise agreement with the Defendant on October 7, 201 that the said Defendant would operate three- equipped stores as management owners (hereinafter “instant store”) for five years (hereinafter “instant contract”). Defendant B participated in the agreement with the management owner shop operating partner. According to Article 33 of the instant contract, the partnership would be jointly and severally liable for all rights and duties that the management owner would incur to the Plaintiff by appending to the instant contract or the instant contract. According to Article 26 of the instant contract, the Plaintiff would be jointly and severally liable for damages incurred to the Plaintiff during the period of the pertinent contract, but Defendant A would not perform its duty to transfer sales from around December 8, 201 to the Plaintiff. According to Article 23 of the instant contract, Defendant A would be jointly and severally liable for damages incurred to the Plaintiff during the period of the instant contract, and Defendant B would be liable for damages to the Plaintiff for termination of the contract from 230 days to 15 days after the instant contract termination.

B. According to the evidence Nos. 1 and 6, the scope of damages for breach of contract No. 1 and 6, Article 55 of the instant contract.

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