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(영문) 대전지방법원 2018.05.09 2017가합100721
손해배상(기)
Text

1. The Defendant’s KRW 374,118,485 as well as the Plaintiff’s annual rate from April 15, 2014 to May 9, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on March 12, 2012 for the purpose of restaurant franchise business, etc., and the Defendant is a person who operates a restaurant in Seo-gu Daejeon, Daejeon, with the trade name of “C”.

B. Around 2011, the Defendant agreed with E to undertake the production and supply of satisfaction, and to conduct franchise business (hereinafter “instant business”) mainly with E by establishing a legal entity and securing franchise stores, while making an oral agreement with E as follows.

(hereinafter referred to as “the oral agreement of this case”). The manufacture shall be carried out by the Defendant and the corporation to be established in the future.

A restaurant in D operated by the defendant (hereinafter referred to as "F store") shall be paid KRW 20 million per month to the defendant in lieu of extending the store on October 2012 and transferring it to the corporation, and where any ideal profit arises, the additional profit shall be paid in installments into 6:4.

A corporation shall, without any condition, return it to the defendant while operating the F Points for five years.

The defendant shall exclusively manufacture satisfactions supplied to the whole franchise store including F Points and pay 2,000 won per kilogram.

C. Upon the Plaintiff’s establishment on March 12, 2012, E and G were co-representatives. At that time, the Defendant paid KRW 85 million to the Plaintiff KRW 1,500,000,000 to the amount of investment related to H I located in Daejeon P (hereinafter “I”);

On April 2, 2012, the Plaintiff drafted the following agreements with the Defendant on the instant business (hereinafter “instant agreement”), and agreed to include the contents of the instant oral agreement in the contents of the instant agreement.

Article 2 (Matters concerning Technical Cooperation between the plaintiff and the defendant) (1) The plaintiff or the plaintiff is responsible for operating the entire business sites he has accumulated in C, such as satisfaction cooking and food provided by the defendant while operating C.

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