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(영문) 부산지방법원 2015.08.12 2014가합45778
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant G Co., Ltd. (hereinafter “Defendant G”)

(2) The Defendant F is the representative director of the said legal entity, who is a corporation established for the purpose of multi-purpose food service business and franchise business, and is the franchisor that operates the coffee specialty with the trade name of “H.” The Plaintiffs are those acquiring the right to operate the coffee specialty “K store” (hereinafter “instant coffee specialty”) located in the J University student support center located in Busan from Defendant C through the brokerage of Defendant E.

3) Defendant D’s mother is the Defendant C’s mother. B. Around July 2010, Defendant G entered into a contract with the J University on the instant coffee specialty (hereinafter “J”) with the content that Defendant G would operate the instant coffee specialty, and the main content thereof is as follows.

After the conclusion of the above contract, the above defendant recruited to operate the coffee specialty of this case and invested franchise expenses and goods guarantee payment, etc. from them, and entrusted them with the operation of the coffee specialty of this case.

Article 1 (Purpose of the Agreement) The J shall provide the relevant facilities to Defendant G in connection with the services rendered, and Defendant G shall provide the relevant services, including the operation of the facilities, to improve the welfare of its members, such as J faculty members and students.

Article 2 (Service Field) Facilities of coffee stores to be sold by Defendant G are as follows:

Article 3 (Contract Period) (1) The Agreement shall be two years from September 1, 2010 to August 31, 2012, 2012.

(2) Where J or Defendant G intends to terminate the contract, it shall notify the other party of the termination of the contract in writing two months before the expiration of the contract term.

(3) A contract shall be concluded by agreement between the J and the defendant G not later than two months before the expiration of the contract term.

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