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(영문) 수원지방법원안산지원 2017.09.07 2014가합6630
손해배상(기)
Text

1. Defendant C, E, and F jointly share KRW 115,00,000 for the Plaintiffs and their related thereto from February 25, 2015.

Reasons

1. Determination as to the claim against Defendant C, E, and F

(a)as shown in the reasons for the attachment of the claim;

(Provided, That as regards Defendant D, it shall be separately determined as follows.

(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (Judgment on whether to make a confession);

2. Determination as to the claim against Defendant D

A. Judgment 1 on the primary claim of the Plaintiffs 1) Defendant D is Defendant C Co., Ltd. (hereinafter “Defendant Company”).

person who had the head of the Ulsan District Branch Office.

Defendant D was instructed by Defendant E, the actual manager of the Defendant Company, to enter into the Homepller G store contract for the Defendant Company's store occupants and franchise store store contracts within the Homepller G store, and the Plaintiff A was able to talk with the contract applicant while advertising the contract applicant.

However, in the case of the store in the home-plug G store by Defendant F, who is a wither in charge of the home-plug sales of the Defendant Company, the Defendant Company’s home-pllerg store was located immediately adjacent to the home-pller G store and the Defendant Company’s store was opened to the store that does not cause sales, and the Plaintiffs received KRW 90 million by pretending that the home-pller's store was concluded within the home-pllerg store.

In addition, after creating a situation in which the plaintiffs had to enter into a franchise agreement with the defendant company, they were unable to move out the horses that had been previously changed by themselves, because sales are not good, and they led the plaintiff to move out to the defendant's store within the home-plug G store where much more profits are generated than the main one, and to enter into the above home-plug G store where the location conditions are very poor as ordered by the defendant E.

As such, Defendant D, without any authority to open a franchise store at will, regardless of the Defendant Company, which is the head office, could establish a franchise store by deceiving the Plaintiffs at the Matma Ulsan store, and acquired 90 million won from the Plaintiffs.

(b).

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