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(영문) 서울동부지방법원 2015.08.28 2014가단12110
손해배상(기)
Text

1. Defendant D shall pay to the Plaintiff KRW 23 million and the interest rate of KRW 20 million per annum from April 19, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Defendant C and Defendant D operated a resting restaurant (hereinafter “instant store”) with the trade name of Defendant G in the name of Defendant B, the wife of Defendant C, within the second basement of the F department store located in Gyeyang-gu, Gyeyang-gu, Yangyang-si.

B. On August 4, 2012, C, on behalf of Defendant B, assigned all of the instant stores’ business rights, etc. to the Plaintiff on behalf of the Plaintiff (excluding lease deposit, and the amount is a condition that the Plaintiff, the assignee, pays 22% of total sales to the lessor monthly rent; hereinafter “instant transfer contract”). The Plaintiff paid the entire amount to the Defendant C, etc., and the Plaintiff was paid KRW 20 million to the instant intermediary, and the Plaintiff additionally paid KRW 3 million to the said intermediary.

C. Defendant C and Defendant D shall appoint Defendant D as the representative (in-house director) for the purpose of running a franchise business.

1. A corporation “H” (hereinafter “instant corporation”) was established, and the instant corporation entered into a franchise agreement with the Plaintiff on August 28, 2012. D.

(1) The Plaintiff asserted that there is a difference in monthly sales, material cost ratio, and net income that was received prior to the instant transfer contract, and demanded the Defendants to resume the instant store. On April 19, 2013, the instant corporation transferred the entire business rights, etc. of the instant store from the Plaintiff to the Plaintiff at KRW 45 million again on April 19, 2013, and drafted a “mutual agreement” between the instant corporation and the Plaintiff on the same day.

(2) According to the above agreement, the Plaintiff and the instant corporation, together with the foregoing (hereinafter referred to as “instant agreement on April 19, 2013”). (2) The Plaintiff, as well as the instant corporation, endeavored to transfer to the instant intermediary company and recover KRW 23 million, and the said efforts are also made.

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