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(영문) 서울동부지방법원 2019.11.14 2019가합100644
손해배상(기)
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1. The Defendant’s KRW 158,735,390 for the Plaintiff and KRW 5% per annum from March 11, 2019 to November 14, 2019 for the Plaintiff.

Reasons

1. Basic facts

A. 1) The defendant is the representative of C who engages in business district analysis, business start-up consulting, franchise business, etc. 2) The plaintiff is a person who has entered into a contract for entrusted operation services and a contract for entrusted business start-up with C.

B. 1) On January 26, 2018, the Plaintiff entered into a contract for consignment operation services, etc. (hereinafter “F Station”) with G located in the Seoul Central Central Government E and underground floor (hereinafter “F Station”).

(i) enter into a contract to obtain business rights, and paid KRW 40,000,000 to H Co., Ltd. on the same day (hereinafter referred to as “I”).

(2) On February 28, 2018, the Plaintiff concluded a sublease contract with the F Station performance compensation agreement, and paid KRW 7,500,000,00 to I who made efforts to conclude a business takeover. (2) On February 28, 2018, the Plaintiff concluded a sublease contract with the J, K and F Station performance compensation agreement with the Plaintiff as of KRW 20,00,000, 4,700, 700, 4,000, and 4,000, monthly rent, and the contract term from March 1, 2018 to June 18, 2022.

3) On March 1, 2018, the Plaintiff concluded a service contract for entrusted operation with Defendant (C) on the F Station (hereinafter “instant service contract”).

The main contents are as follows. The plaintiff shall entrust the service prescribed in Article 2, and the defendant shall faithfully perform the service requested. Article 2 (Name and Scope of Service)

1. Title of services: Contracts for entrusted operation services;

2. Scope of services (1) Entrusted to the operation of the F Station underground G store in Seoul, China-gu E. (2) Employment and sales agency for the manpower necessary for the operation of the above store.

3. Two years from the time of this contract (Determination of the terms of this contract).

5. The defendant shall deposit the profits of KRW 3,099,00 each month to the plaintiff regularly and set the total amount of the excess fees for entrusted operation.

6. The defendant shall operate a store with the duty of good faith.

When any of the following events occurs, the plaintiff shall terminate this contract with written notice, in whole or in part:

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