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(영문) 대구지방법원 2017.02.16 2015가합207895
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 37,583,294, and KRW 6,453,303 and each of them to Plaintiff-Counterclaim Defendant C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The party status of the defendant is the Korean franchise headquarters of the Franchis of the trade name "E", and the plaintiff corporation A (hereinafter "the plaintiff corporation") entered into a branch and franchise agreement with the defendant. The plaintiff corporation is the representative director of the plaintiff corporation, and the plaintiff corporation Eul is the plaintiff corporation's wife, and the plaintiff corporation Eul is the plaintiff Eul's wife.

B. On December 23, 2014, the Plaintiff Company entered into a contract for the establishment and operation of branch offices with the Defendant to pay 17.85% of the price of F’s franchise supply to the branch offices (hereinafter “instant contract”) with the content that the Defendant shall pay 17.85% of the price of F’s franchise supply to the branch offices (hereinafter “instant branch offices contract”).

B) On January 8, 2015, the Plaintiff Company entered into a franchise agreement with the Defendant on the first floor G points of the building in Daegu Jung-gu, Daegu-gu with the content that the contract term is three years, franchise fee is five thousand won, KRW 500,000, KRW 3,300, KRW 9,000, and KRW 9,000, and the goods deposit is deposited. On the same day, the Plaintiff Company entered into a sub-lease agreement with the Plaintiff Company with the Defendant with the content that deposit money is KRW 30 million and KRW 30 million,000, KRW 2,500,000, monthly rent is KRW 2,000, and KRW 2,50,000 for the above building. C) on January 8, 2015, the Plaintiff Company entered into the franchise agreement with the Defendant under the same condition as the above G store agreement with respect to the first floor H points of the building in Taesung-gu, Daegu-gu, as well as between K on the same day.

2) Plaintiff B’s M retail store contract of Plaintiff B participated in the bidding of the second floor room of the Busan Jung-gu Nwil Distribution Co., Ltd., and awarded a successful bid on January 2, 2015, and entered into a contract for the operation of a specialized store with the Kowil Distribution Co., Ltd. on January 8, 2015, and the Defendant on January 8, 2015.

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