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(영문) 의정부지방법원 고양지원 2018.11.30 2018가단77018
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The Defendant entered into a franchise agreement on “F store” (hereinafter “the instant coffee specialty”) with E Co., Ltd. (hereinafter “E”), and paid KRW 90,000,000 to E around that time, and had engaged in the instant coffee specialty business from August 1, 2012.

On February 1, 2016, the Defendant transferred to Plaintiff A and G (hereinafter “Plaintiffs”) all the goodwill and facilities of the instant coffee specialty (hereinafter “the instant transfer of business”). From around that time to April 12, 2016, the Defendant received KRW 110,000,000 from the Plaintiffs’ side as the acquisition price.

E, on January 31, 2016, the Plaintiffs prepared a written confirmation of transfer and acquisition (hereinafter “written confirmation of transfer and acquisition of this case”) to the effect that the transfer of the instant business is confirmed, and the instant written confirmation of transfer and acquisition include that “The Plaintiff’s side may be guaranteed business rights with a franchise (5,00,000 won and value-added tax separately) only until the remainder of the period from the date of the franchise agreement (1 January 31, 2017), and that the franchise (2,00,000,000 won and value-added tax may be extended at the end of the contract period separately).”

On February 1, 2016, the Plaintiffs prepared and delivered to E a letter of commitment to the effect that “The remaining value of the instant coffee specialty is extinguished on December 31, 2014 (at least two years after the expiration date of the first franchise agreement entered into by the Defendant) and the transferee may be deemed to have caused damage to the assignee at the time of transfer or takeover, and that the department store may order the withdrawal of the instant coffee specialty due to the terms of contract and sales performance, etc., and in this case, the principal cannot receive compensation for the acquired amount, he/she shall listen to, understand, and have been aware of, adequate explanation from E (hereinafter “instant letter of commitment”).

The plaintiffs on February 15, 2016 (hereinafter referred to as the "instant franchise agreement") with E on the instant coffee specialty.

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