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1. The Plaintiff (Counterclaim Defendant) jointly with Nonparty C and jointly with the Defendant (Counterclaim Plaintiff) KRW 7,560,000 on June 3, 2013.
Reasons
1. Basic facts
가. 원고는 “D”라는 상호로 떡볶이 및 닭강정 프랜차이즈사업 등을 영위하는 개인사업자이고, 소외 C은 원고의 배우자로서 위 사업체의 본부장 직함을 가지고 실질적인 경영을 하였던 사람이다.
B. From September 2012 to November 17, 2012, C consulted the franchise agreement with the Defendant for a franchise restaurant. From September 27, 2002 to November 27, 2012, the Plaintiff received a total of KRW 50,000,000 from the Defendant as the account in the name of E and F under the pretext of franchise fee, education expenses, facility expenses, etc. The franchise agreement between the Plaintiff and the Defendant was concluded verbally between the Plaintiff and the Defendant around November 2012. From November 12, 2012 to June 2, 2013, the Plaintiff supplied the Defendant with food materials, such as cronology construction, cooking, etc., education such as cronology, and cronc and scheat, and so on.
다. 피고는 2012. 11. 13. 충북 청주시 흥덕구 H에서 “D떡볶이치킨 I”이라는 상호로 사업자등록을 마치고, 2012. 11. 12.경부터 2013. 11. 말경까지 “D떡볶이&치킨”이라는 상호로 위 주소지에서 음식점 영업을 하였다. 라.
C On June 3, 2013, the Plaintiff notified the Defendant of the intention to terminate the instant franchise agreement under the Plaintiff’s name, and at that time, the Defendant sent the said intent to the Defendant.
[Reasons for Recognition] Unsatisfy, Gap's 1 through 5 (including virtual numbers), Eul's 3, 6, 18, the purport of the whole pleadings
2. Judgment on the principal lawsuit
A. From September 2012, the head of D’s main point of the Plaintiff’s assertion (hereinafter “C”) agreed with the Defendant that the franchise franchise agreement was desired from around September 2012, and the Defendant did not issue a written estimate to the Defendant and did not prepare a written franchise agreement, and the franchise agreement was concluded only verbally.
However, after the execution of the franchise agreement, the defendant unilaterally concluded the franchise agreement by entering the static meat, which is a prohibited matter in the franchise agreement, from the outside, on June 2, 2013.