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(영문) 창원지방법원 2017.11.23 2016가단114609
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant entered into a franchise agreement with C (hereinafter “C”) and operated the first floor F store in E located in Kimhae-si, from July 10, 2009 to July 10, 2009 (hereinafter “instant store”).

On the other hand, C was entrusted by the Korean Racing Association with the operation of the store of this case.

B. Around October 2013, the Plaintiff entered into a contract with the Defendant to purchase the sales license of this case from the Defendant for KRW 270 million.

On January 2014, the Plaintiff concluded a contract with the Defendant to acquire business rights between July 10, 2014 and July 20, 2014 according to the consignment contract between C and the Korea Racing Association, by raising the above price as KRW 300 million to KRW 30 million for the instant store.

(hereinafter “instant contract”). C.

C On July 10, 2014, between the Korea Racing Association and the Korea Racing Association, concluded an entrustment contract between July 11, 2014 and December 31, 2016 with respect to the operation of the instant store. D.

On July 11, 2014, the Plaintiff approved the transfer of the store of this case from C, and operated the store of this case by being transferred from the Defendant around July 18, 2014.

E. Meanwhile, the Plaintiff paid KRW 10 million to the Defendant on October 2013, KRW 20 million, KRW 20 million on January 16, 2014, KRW 70 million on May 30, 2014, KRW 150 million on July 15, 2014, and KRW 300 million on August 21, 2014.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1 guarantee that the period of operation of the store of this case is five years to the Plaintiff, and that annual sales of the store of this case are equivalent to KRW 300 million, and that profits are more than KRW 100 million.

Since then, the Plaintiff’s termination date of the entrustment contract concerning the instant store of the Korean Racing Association is until December 31, 2016.

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