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(영문) 서울서부지방법원 2020.09.24 2019나38097
손해배상(기)
Text

The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

The costs of appeal are incidental costs.

Reasons

1. The reasoning for the court’s explanation of this case is as follows. The part of the judgment of the court of first instance is modified as stated in Paragraph 2 below, and the argument that the plaintiff and the defendant newly adopted or emphasized in this court is as stated in the reasoning of the judgment of the court of first instance, except for addition of the judgment as stated in Paragraph 3 below. Thus, it is acceptable in accordance with the main sentence of Article 4

2.Paragraph 1(b) of paragraph 2 of the judgment of the first instance with respect to the modified part;

(c) modify paragraphs as follows:

B. Article 10(1) provides that the term of the contract shall be one year from the date of the initial contract, and the initial contract shall be renewed every year upon the termination of the initial contract.

The above franchise agreement has been renewed from September 1, 2009 to December 10, 2015.

C. On December 10, 2015, the Plaintiff and the Defendant entered into a modified contract to reduce the scope of the business area of the erode store as shown in the attached Form 2 drawings (hereinafter “instant business area reduction”).

The 8th 2nd 2nd 11th 11th 1st 2th 11th 11th 11th 2th 11th 2th 11th 11th 11th 2th 11th 11th 11th 11th 11th 11th 3th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 14th 14th 14th 201.

3. Matters to be judged additionally;

A. (1) The Plaintiff’s assertion 1) Loss related to operating income (1) loss related to the reduction of the instant business area due to the reduction of the business area, the Plaintiff sustained operating income equivalent to KRW 49,615,456, which is the difference in operating income for 17 months before and after the opening point of the margin of the margin of the income and profit and loss.

Even if the operating profit is calculated based on the total sales amount of KRW 271,383,00 after the opening point of the U.S. 201 and the closing point of the business, the operating profit rate is with the FResearch Institute on July 2, 2017, even if it is calculated based on the total sales amount of KRW 271,383,00.

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