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(영문) 광주지방법원 2020.01.15 2019나56233
예치금반환 청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

2. Determination

A. According to the facts found in the judgment on the cause of the claim, the Plaintiff concluded the instant contract and rescinded the instant contract before opening of the instant franchise store after 10 days, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 42 million calculated by subtracting the penalty of KRW 3 million from the deposit KRW 45 million pursuant to Article 13(3) of the instant contract, and the delay damages therefrom.

B. Defendant’s assertion 1A) Pursuant to Article 13(3) of the instant contract, the following expenses should be deducted from the instant deposit money to the Plaintiff.

(1) Since the completion of the education course before the opening of the Plaintiff, 50,000 won for the opening of the education course 500,000 won for the Plaintiff (2) 990,000 won for the opening of the education course before the opening of the opening, the expenses for the interior of the interior and the installation of the interior and the installation of the interior and the installation of the interior and the installation cost incurred for the Plaintiff: 1.0 million won for the contract deposit of the instant case where there is a cause attributable to the Plaintiff, 5,000 won for the purchase of the equipment and the collection and the equipment, such as est, coffees, and shock cases, 23,652,820 won in total, and 5,000 won for the interior design cost, the information disclosure content

2) According to each of the evidence Nos. 1 and 3 of the education expenses prior to the opening point, the instant contract provides that the Defendant may deliver an information disclosure statement to the Plaintiff and give sufficient consideration to the Plaintiff by giving 14-day night period. The information disclosure statement issued by the Defendant to the Plaintiff upon entering into the instant contract also clearly states that the contract should be entered into after accurately grasping the content of the information disclosure statement, and Article 13(3) of the instant contract is based on the term of the contract, such as the opening point education expenses and the interior expenses.

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