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(영문) 서울중앙지방법원 2019.11.20 2018가단5242027
손해배상 청구의 소
Text

1. The Defendant’s KRW 15,00,000 as well as 6% per annum from December 5, 2018 to November 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a franchisor that engages in franchise business with the business mark "C," and the Plaintiff is a person who has established a franchise agreement with the Defendant and operates the "C" store in D.

B. On May 29, 2018, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant with the content that: (a) the term of the contract is one year; (b) the Plaintiff operates its business using the business mark “C”; (c) the Plaintiff provided support for, training on, and support for management, business activities, etc.; and (d) the Plaintiff received from the Plaintiff a franchise fee of KRW 30,000,000 (Additional Tax); (b) educational expenses of KRW 5,000,000 (Additional Tax); and (c) the royalties (an amount equivalent to 3% of the sales and delivery sales in the POS data data; and (d) the addition tax is separate) by the fifth day of the following month.

C. According to the instant franchise agreement, the Plaintiff paid to the Defendant KRW 77,00,000 (including value added tax) for the aggregate of KRW 77,000,000 on May 28, 2018, KRW 8,000,00 on May 29, 2018, and KRW 67,000 on June 8, 2018, under the pretext of franchise fees, educational expenses, and interior expenses.

On the other hand, the Defendant, upon entering into the instant franchise agreement on May 29, 2018, provided the Plaintiff with the franchise disclosure statement prescribed by the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”), and on the other hand, entered the date and time of receipt in the written confirmation of the provision of the information disclosure statement retroactively to May 7, 2018.

E. On September 12, 2018, the Plaintiff sent to the Defendant a certificate of content purporting to seek refund of KRW 30,000,000 already paid on the ground that the Plaintiff breached the obligation to provide information on expected profits, the obligation to provide an information disclosure statement, and the obligation to deposit franchise fees.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1 is that the defendant entered into the instant franchise agreement and entered into the franchise disclosure statement related to the franchise store.

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