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(영문) 수원지방법원평택지원 2020.08.14 2019가단50968
채무불이행 손해배상 등 청구의 소
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. A. Around April 2016, Defendant Co., Ltd received deposit KRW 10 million from Defendant C, and granted Defendant C a certain space of advertising acceptance for the area of Pyeongtaek, Ansan, and Osan to Defendant C. At least 300 copies of printing, manufacturing, and providing at least 3,00 copies of advertising, which was published by Defendant C, and at least 3,00 copies of advertising, which was published by Defendant C, and entered into a “contract on the Operation of Pyeongtaek E local Markets” (hereinafter “instant contract”) with the content that the monthly amount of KRW 320 per month is to be paid by Defendant C.

B. According to the instant contract, the contract term shall be determined from May 1, 2016 to April 30, 2017, and the contract term shall be automatically extended by one year if the contract term is extended without both parties’ objection (Article 3), and the Defendant C shall obtain prior consent from the Defendant Company if it transfers its right to the instant contract to a third party (Article 6), and if it is violated, it is possible to terminate the contract of the Defendant Company.

(Article 6). (c)

Plaintiff

A from May 2017 to Defendant C agreed to receive 50% of advertising expenses from Defendant C as a fee if the said Plaintiff is permitted to work as a franchise operator. A, around October 2017, recommended to make an investment in establishing a corporation to be operated as a branch office at Pyeongtaek-si, and Defendant C had the said corporation establish a corporation through investors, and made the said corporation pay 50% of advertising expenses to the said corporation’s profit, and 3 parties, including Plaintiff A, Defendant C, and G reporters, receive 50% of the minimum wage in the monthly salary as well as the advertising expenses that the said company received from the said company, and the F and Defendant C received the Plaintiff’s proposal.

F hereby, on January 9, 2018, establish a Plaintiff Company for the purpose of operating it as a branch office in South-west Area.

A person shall be appointed.

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