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(영문) 의정부지방법원고양지원 2016.03.30 2015가단13334
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 13, 2013, the Plaintiff entered into a contract with the Defendant with a view to operating Kink points in Pakistan C 107 (hereinafter “instant store”).

(hereinafter referred to as the “instant contract”. Trade name: Value-added 30 million won in total: non-high franchise (educational expenses) 2,000,000 cooking and store operation, 0 brand and manuals for marketing guidance, 15,000,000 Scaturggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggs,

2. In concluding the instant contract, the Plaintiff and the Defendant agreed to have the interior work completed up until December 13, 2013 and open the interior work. However, due to the Defendant’s fault, the Plaintiff delayed construction and opened the construction work on April 4, 2014.

Therefore, the Defendant is obligated to compensate for the Plaintiff’s damages KRW 12.4 million (the sum of KRW 800,000,000,000,000,000,000,000 for the instant store for four months from December 13, 2013 to April 3, 2014).

Even though the defendant entered into the instant contract which falls under the franchise franchise store contract, he did not provide support necessary for the franchise operation.

Accordingly, the Plaintiff rescinded the instant contract on the grounds of the Defendant’s nonperformance.

Therefore, the defendant is obligated to return KRW 20 million paid by the plaintiff according to the contract in this case due to the cancellation of the contract, and the defendant's obligation to compensate for the plaintiff's damages of KRW 26 million due to the defendant's default (purchase cost, such as house collection).

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