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(영문) 서울중앙지방법원 2016.05.27 2014가단5007813 (1)
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 40,921,215 to the Defendant (Counterclaim Plaintiff) and its related amount from May 22, 2015 to May 27, 2016.

Reasons

1. Basic facts

A. The Plaintiff, as the parties, entered into a franchise agreement with the Defendant with respect to “7-EEVN” (hereinafter “instant store”) and operated the instant store, and the Defendant is a company with the purpose of organizing and operating the store and operating the store, and the convenience store business.

B. On April 29, 2012, the Plaintiff succeeded to the terms and conditions of the franchise agreement (including temporary payment subsidies, franchise investment expenses, and remainder of interior) between C and the Defendant with respect to the instant store on April 29, 2012, and the Defendant and C agreed to terminate the existing franchise agreement, and the Plaintiff and the Defendant agreed to enter into a new franchise agreement with the Defendant. 2) At the time of entering into the franchise agreement with the Defendant, C agreed to return the full amount of the said subsidies at the time of early termination of the franchise agreement, upon receiving KRW 9,500,000 from the Defendant at the time of the signing of the franchise agreement.

C. A franchise agreement between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant on April 30, 2012 when the Plaintiff acquired the instant store as above, the Plaintiff and the Defendant set the contract term for the instant store at five years from the opening date of the contract (hereinafter “instant franchise agreement”).

At the time, the Defendant signed the instant franchise agreement. At the time, Nonparty D (Defendant’s E branch business team) signed and sealed the Defendant’s corporate seal in the terms of the agreement entered into by Nonparty D (Defendant’s E branch business team), a staff member in charge of the instant store (Field Cultant, convenience store management and management cooperation in the store). The main contents of the instant franchise agreement are as follows.

Article 23 (Prohibition of Business Hours and Concurrent Operation) (1) In principle, the Plaintiff shall operate a business for 24 hours a day during the duration of this contract in order to meet the consumer expectations for 7-LEVN.

Article 26 (Remittance of Sales Amount) (1) The plaintiff shall designate the defendant as the total daily sales amount, and the price reduction amount, purchase incentive, and other miscellaneous income received by the plaintiff.

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