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Reasons
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(영문) 서울중앙지방법원 2015.10.06 2014가단5134364
손해배상(기)
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1. The Plaintiff (Counterclaim Defendant) paid KRW 59,623,824 to the Defendant (Counterclaim Plaintiff) and the amount related thereto from July 8, 2015 to October 6, 2015.

Reasons

1. Facts of recognition;

A. On January 21, 2012, the Plaintiff entered into a franchise agreement with the Defendant for convenience stores 7-ECEVN (hereinafter “new datum”) and the term of the contract was set as five years from January 31, 2012 to January 30, 2017.

B. On April 12, 2012, the Plaintiff entered into a franchise agreement with the Defendant 7-EEVN (hereinafter “A”) and the term of the contract was five years from April 20, 2012 to April 19, 2017.

C. The Plaintiff transferred A around October 23, 2012 to B. D.

On March 4, 2015, the Plaintiff and the Defendant agreed to terminate the identity store franchise agreement as of March 14, 2015, and to settle the lump-sum subsidy, the amount of unpaid payment, the inventory, the penalty, etc.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 9, 13, 17, 20, 21 and 22, and the purport of the whole pleadings

2. Determination on the main claim

A. (1) With respect to identity points, the Defendant asserted by the Plaintiff: (a) provided the Plaintiff with an exaggerated information on estimated sales that daily sales would amount to at least 1.5 million won on a flat day; (b) the weekend would amount to 200-2.5 million won on a weekend; and (c) deceiving the Plaintiff; (d) the Plaintiff caused damages equivalent to KRW 10,853,467, and KRW 2,123,230 on a decrease in sales due to a decrease in sales due to a mistake in the payment system, such as a signboard, etc.; and (e) the amount of damages that the Defendant unfairly deducted remittance penalty amount to KRW 2,360,00; and (e) the total amount of damages of the Plaintiff is KRW 15,36

Therefore, the defendant shall compensate the plaintiff for the damages of KRW 3,596,793 obtained by deducting KRW 11,739,904, which the plaintiff had not been transferred to the defendant from the above damages of the plaintiff, and damages for delay.

(2) Article 9 of the Fair Transactions in Franchise Business Act provides that a franchisor shall not provide prospective franchisees or franchisees with false or exaggerated information or provide deceptive information.

However, in full view of the contents of No. 2 and No. 1, the Plaintiff’s future statement is the Defendant.

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