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(영문) 창원지방법원 2017.01.05 2016가단107809
손해배상(기)
Text

1. Defendant C’s KRW 100,000,000 as well as 5% per annum from December 12, 2013 to August 10, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendants are Co., Ltd. D (hereinafter “D”) on November 29, 2013.

2) The term “the first branch office right contract” refers to the term “the first branch office right contract” as set out in the following subparagraphs:

2) For the purpose of Article 1, the purpose of this Agreement is to provide for all the matters necessary for the franchisor to consent to establish a new franchise store and sell products that the franchisor has consulted with the franchisor through a branch office. The details of the security of local branch offices: F (if an additional project is extended: G; H) the security deposit of a branch office in the amount of KRW 250,000,000 per day (10,000,000): The security deposit of a branch office in the amount of KRW 100,000 per day (250,000,000,000 won per day (250,000,000,000 won) from November 22, 2013 to December 10, 2013, Defendant B paid KRW 138,000,000,000 per day (hereinafter omitted) as security deposit, etc. of the first branch office.

B. Defendant B entered into an investment contract with the Plaintiff on November 30, 2013 on behalf of himself and Defendant C.

The Plaintiff paid KRW 100,000,000, as stipulated in the said investment contract, on December 2, 2013 and on December 2, 2012.

The main contents of the investment contract are as follows:

(hereinafter “instant investment contract”). The purpose of Article 1 is to regulate the content of the Plaintiff’s investment in the business operated by Defendant B and the distribution of profits therefrom.

Article 2 The Plaintiff shall assist Defendant B with KRW 100,000,000 in cash.

Article 3 (Report on Investment) Defendant B shall pay the Plaintiff’s investment deposit with the conclusion of this contract, and at the same time, 50% of the Defendants’ rights to the Gyeongnam Branch shall be paid immediately.

Article 7 The defendant B shall pay KRW 50,000 to the plaintiff if he/she fails to leave at least five points within two years.

(hereinafter Omission)

(c) the defect of E’s power of representation, but D.

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