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(영문) 서울서부지방법원 2015.07.23 2013가단23559
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. On December 15, 2012, the Plaintiff operating coffee franchise paid KRW 1,00,000 to the Defendant as the down payment for the store development of “C” franchise store. At the time of the above contract for the store development, the Plaintiff agreed that “the down payment for the store development shall be replaced by the franchise and facility cost at the time of the future conclusion of this contract. In the event that this contract is not concluded, the down payment for the store development is fully refunded to the Plaintiff: Provided, That where the Plaintiff entered into a contract with another company of the same and similar type of business as the Defendant’s, without entering into the contract at the Defendant’s request, and where the contract is extinguished after the Defendant offered a drawing and estimate containing the Defendant’s know-how at his request.

B. On March 25, 2013, the Plaintiff entered into a franchise agreement with Defendant and Seo-gu 139 (hereinafter “instant store”) stating “mutual Cheongrae store, 200,000 won per month, contract deposit, 2,000,000 won, and from March 25, 2013 to March 24, 2014, the total cost of opening 75,700,000, 000, 60, 000, 700, 000, 70, 000, 70, 000, 60, 70, 000, 70, 50, 000, 70, 000, 60, 705, 00, 000, 60, 705, 00, 000, 70, 500, 200.

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