(영문) 서울동부지방법원 2015.01.08 2014가단29484

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(영문) 서울동부지방법원 2015.01.08 2014가단29484

물품대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff Company engaged in franchise business (hereinafter “the instant franchise agreement”) entered into a franchise agreement with the Defendant for a one-year period from the date when the term of the contract was set up and entered into between the Plaintiff Company and the Defendant, which provides the Defendant with hub management equipment, products, and programs, and pays the Defendant KRW 55,00,000 to the Plaintiff Company in return (hereinafter “the instant franchise agreement”). From that time, the Plaintiff Company provided the Defendant with hub management equipment, products, and programs.

B. From July 1, 2013 to July 4, 2013, the Defendant paid KRW 30,000,000 to the Plaintiff Company as the price under the instant franchise agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion;

A. In accordance with the instant franchise agreement of the Plaintiff Company, the Defendant is obligated to pay the Plaintiff Company KRW 25,000,000,000 for unpaid payment and the fixed damages for delay.

B. The defendant company deceivings the defendant in entering into the instant franchise agreement with the defendant, and on this ground, the defendant cancelled or cancelled the instant franchise agreement against the plaintiff company. Thus, the defendant is not obligated to pay the plaintiff company the price under the instant franchise agreement, and instead, the plaintiff company should return the price of KRW 30 million already paid to the defendant.

3. Determination

A. The facts of recognition (1) C, the representative director of the Plaintiff Company, developed, through oral or public relations books, etc. in the course of entering into the franchise agreement with the Defendant and other franchise contractors, “(1)” (hereinafter “F products”) the two skin management and escape prevention treatment in E operated by D, which was opened in the U.S. around 193 and operated by D, and the two skin management and escape prevention treatment for 12 years, and its efficacy is effective through clinical trials.

유사 판례

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