(영문) 인천지방법원 2019.02.01 2018가단19988

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(영문) 인천지방법원 2019.02.01 2018가단19988

손해배상

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1. The Defendants jointly share KRW 19,000,000 with respect to the Plaintiff and Defendant B Co., Ltd. from August 29, 2018.

Reasons

1. The Plaintiff’s assertion entered into a franchise agreement with Defendant B Co., Ltd. (hereinafter the Defendant Co., Ltd.) and paid KRW 19 million for the mechanical cost, and the franchise agreement was terminated later.

In addition, Defendant C, the actual president of Defendant C, shall return to the Plaintiff KRW 19 million.

'' has drawn up a letter of content.

Therefore, the Defendants are jointly obligated to pay the Plaintiff the total sum of KRW 34.5 million for emotional distress damages suffered by the Plaintiff due to the Defendants’ act, such as KRW 19 million, and KRW 10.5 million for the seven-month period, and KRW 5 million for emotional distress damages suffered by the Plaintiff due to the Defendants’ act.

2. Determination

A. In full view of the facts that there is no dispute over recognition, Gap's evidence Nos. 1 and 4, comprehensively taking into account the purport of the entire pleadings, the fact that the franchise agreement was concluded between the plaintiff and the defendant company around October 2017, ② the plaintiff remitted the amount of KRW 1 million on October 16, 2017 to the defendant company account according to the franchise agreement, and KRW 9 million on October 18, 2017, and remitted the amount of KRW 9 million to the defendant C account on November 9, 2017, ③ the fact that the above franchise agreement was concluded after the conclusion, ④ the defendant C was the actual operator of the defendant company, and the plaintiff around March 17, 2018, the fact that "the payment note was prepared by March 17, 2019."

B. (i) The fact that the franchise agreement between the Plaintiff and the Defendant Company is terminated is as seen earlier. Therefore, the Defendant Company is obligated to return to the Plaintiff the machinery price of KRW 19 million that the Defendant paid to the Plaintiff.

She and the facts that Defendant C prepared a letter of payment to the Plaintiff are as seen earlier. As such, Defendant C is obligated to pay the Plaintiff KRW 19 million in accordance with the said letter of payment.

Defendant C is not a party to the franchise agreement, and thus the franchise agreement is terminated.

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