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(영문) 서울중앙지방법원 2015.05.01 2014가합549333
투자금반환청구
Text

1. The Plaintiff:

A. Defendant C’s KRW 164,700,000 and for this, KRW 5% per annum from December 3, 2013 to May 1, 2015.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant Company”) is a company whose business purpose is X-gu coffee franchise business, Estop franchise business, training business, etc., and operates D’s brand chain franchise business.

On September 2013, Defendant C served as the head of the business of the Defendant Company, taking charge of soliciting franchise franchise holders of D coffee specialty.

B. On September 2013, 2013, the Plaintiff and his her friendly son, were proposed to open and operate the G division of “F” and the 4th floor store of the J building in Jung-gu Seoul Special Metropolitan City H and I (hereinafter the above J building referred to as the “instant building,” and the said store was referred to as the “instant store”).

C. Defendant C, without permission of the Defendant Company, prepared a letter of commitment with the employees of the Defendant Company, using the employees of the Defendant Company, to “to support the Defendant Company’s headquarters for the activation of its business operation. We shall make to the maximum efforts to maximize sales at the time of the open operation, and will faithfully perform the role as a franchisor so as to create reasonable profits. In a case where it is determined that profits have not been accrued after a certain period of time, Defendant C would undertake the operation and transfer of the direct management system, thereby promising each other to endeavor to promote the sales of the headquarters and the franchise store between the headquarters and the franchise store (hereinafter “instant letter of commitment”), and deliver it to the Plaintiff on September 17, 2013.

On September 17, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the lessor to set the deposit amount of KRW 100 million and monthly rent of KRW 110 million for five years from September 23, 2013, on which the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”).

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