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(영문) 의정부지방법원 고양지원 2018.04.11 2017가단84484
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. E point 1) On October 30, 2013, the Plaintiff is the E point, the convenience point of which is 24 hours in the Dong-gu Seoul Special Metropolitan City F Ground Building (hereinafter “E point”).

(2) In order to operate the franchise agreement, the franchise agreement was concluded with the Defendant operating the franchise business under the trade name of “G.” At the time, the term of the franchise agreement was set as two years from October 31, 2013, which is the opening date, and the franchise agreement was renewed once, and the said franchise agreement was terminated on October 29, 2015. (2) At the time the Defendant entered into the said franchise agreement, the Plaintiff received KRW 20 million as the franchise deposit and the product deposit KRW 14 million from the Plaintiff.

The Defendant, upon the termination of the franchise agreement, agreed on December 1, 2015 to transfer all of the sales of E points to the Defendant at KRW 12,170,390,000,000,000 from KRW 34,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000

② Water charges, telephone charges, and Internet charges agreed upon to be borne by the Plaintiff in the franchise agreement 289,576 won of public charges.

③ From November 13, 2015 to November 13, 2015, the Plaintiff was subject to administrative sanctions on May 27, 2014 on the wind that sells tobacco to minors at E stores.

On December 31, 2015, the remainder after deducting KRW 970,392 from the operating loss amount of KRW 19,569,642 (hereinafter “the first settlement”), and on December 31, 2015, the remainder after deducting KRW 149,89,000 from the remaining deposit amount of KRW 1 million was returned 850,101.

(hereinafter referred to as “second settlement”). (b)

H Point 1) On March 30, 2015, the Plaintiff’s H point in J of the I Ground Building H (hereinafter referred to as “H point”) in Naju-si on March 30, 2015

(2) On March 31, 2015, the Plaintiff entered into an additional franchise agreement with the Defendant for the operation of the franchise agreement, and the term of the contract was set as two years from March 31, 2015, the opening date. (2) On March 31, 2015, the amount of the Plaintiff’s insurance coverage is KRW 5 million in order to secure the obligation to compensate for damages under the H Point franchise agreement.

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