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Reasons
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(영문) 서울중앙지방법원 2016.06.24 2014가합565120
정산금 등 청구의 소
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1. The Defendants are jointly and severally liable to the Plaintiff for the currency 194,279.47 of the European Union and 3,878.36 of them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a German legal entity that operates the franchise system of Da, A, A, A, A, B, and Defendant B entered into a D, D, and run a franchise store in Korea. 2) Defendant C is the vice president of the distribution industry of F, A, a single shareholder of the E, part of the D, which was partially transferred from Defendant B, and the H, a holding company of the G Group, the F, a holding company of which the F, is affiliated, was introduced to the media as the president or representative of the I department of I, where the E, a company, was located and operated by the Defendant B.

B. A franchise contract between the Plaintiff and the Defendant B, 1) D franchise franchise, the franchisor, may open up to eight D franchise stores in Korea around September 20, 2009 (D Korea Develment Agreement, hereinafter “development contract”).

2) The J and Defendant B concluded a franchise contract for D Seoul 1, 2, 3, and 4 in accordance with the development agreement, and Defendant B opened and operated each of the above stores.

3) Around 2011, the Plaintiff was established, and the status of the franchisor of the D franchise system was transferred from J to the Plaintiff, and accordingly, the Plaintiff succeeded to the status of J’s development agreement and the franchise contract for four stores. 4) The Plaintiff and Defendant B entered into a franchise contract for the store store store around August 2012, and the franchise contract for the Seoul 4 store was renewed around January 2013.

According to each franchise contract and each renewal contract, the franchise business operator is not allowed to transfer the franchise business or sub-affiliated store without the consent of the plaintiff.

C. Defendant B’s breach of the contract and consultation between the Plaintiff and the Defendants, etc. shall thereafter be Seoul 2, 4, and without permission.

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