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Reasons
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(영문) 서울중앙지방법원 2016.10.12 2015가단5300311
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 2012, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Korea Land Association (hereinafter “Korea Land Association”) with respect to the “C business” (hereinafter “instant business”) under the supervision of the Korea Land Association (hereinafter “Korea Land Association”), and paid the down payment of KRW 20 million to the Korea Land Association at that time, and operated the D Team’s riding class.

Article 2 (Terms of Contracts) A (the term "A" means the limited term, hereinafter the same shall apply) shall faithfully cooperate with B (the meaning of the Plaintiff; hereinafter the same shall apply) with respect to the following services in accordance with this Agreement:

1. A shall aim at the opening of a new semester course on March 2013, and ensure that A may give at least five places of business.

(hereinafter omitted)

4. A shall act on behalf of a client for the administrative affairs, tax/accounting, and customer management with respect to the operation of B’s business for one year from the date of commencement of class;

(hereinafter omitted)

5. monthly franchise operating expenses shall be paid to A in accordance with the criteria for the calculation of operating expenses of the addition;

Article 3 (Contract Deposit) The total contract deposit to be paid to A shall be KRW 80 million.

1.60 million won out of the down payment shall be used for towing vehicles related to the operation of the team, 2 bitr, 3 mawr (including 1 wrwr) purchase and successive management expenses (not later than the opening date of riding classes), employee training expenses, and purchase cost of teaching equipment, etc., and Eul shall directly purchase and prepare various goods, unless otherwise requested for cooperation, and Eul shall directly purchase and prepare them.

2. The remainder of KRW 20 million is the franchise fee of Section B to Section A.

Article 4 (Term of Contract)

1. The term of validity of this Agreement shall be 12 months in total from October 25, 2012 to October 24, 2013.

2. The extension of the contract term shall be automatically extended once a year, unless there is a separate difference between A and B.

B. On April 5, 2013, Korea-U.S. The Defendant of this case.

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