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(영문) 서울중앙지방법원 2016.09.07 2015나48206
손해배상(기)
Text

1. The judgment of the first instance court, including the selective claims added at the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Facts of recognition;

A. From August 13, 2010, C operated a mutually controlled shop (hereinafter “E”) with the trade name “E” in Gangnam-gu Seoul Metropolitan Government D shop 207 from around August 13, 2010.

B. C requested the Defendant to find out a person who will take over the instant store in KRW 20,000,000 for the premium of KRW 20,000,000, and the premium of KRW 20,000 on December 2, 2012 because it is not good for health. However, the Defendant failed to seek a person to take over the instant store under the aforementioned conditions.

C requested that the defendant be found even if the person operating the store in this case was paid instead of commercial rent and management fee.

C. Around December 8, 2012, the Defendant proposed to F to take over the instant store, but F does not have to pay KRW 20,000,000 as security deposit. If F invests KRW 10,000,000 under the name of security deposit, the Defendant operated the instant store and gave 10% of the proceeds to F. F paid KRW 10,00,000 to the Defendant around January 8, 2013.

On January 22, 2013, the Defendant entered into the instant agreement on the operation and acceptance of the instant store (hereinafter “instant agreement”) in the name of the representative H of G Co., Ltd., which included a contract for the supply of beauty and cosmetics, between the Plaintiff and the Plaintiff.

The goods supply contract signed on January 22, 2013 between the Plaintiff and G entered into between the Plaintiff and the Plaintiff, stating that the Plaintiff promises to cooperate with the Plaintiff to make maximum adjustment and acceptance of the instant premium not exceeding KRW 20,000,000, premium of KRW 20,000,000 when the Plaintiff accepts the instant premium.

E. At the time when the Plaintiff and the Defendant entered into the instant contract, there were still equipment, such as cooling equipment, but there was no other cosmetic machines or cosmetics.

From January 23, 2013 to January 31, 2013, the Plaintiff paid a total of KRW 14,990,000 to the Defendant, and the Defendant also beauty the Plaintiff under the instant contract.

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