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(영문) 서울동부지방법원 2020.04.24 2019가단113711
손해배상(기)
Text

1. The Defendant’s KRW 18,00,000 and its related amount are 5% per annum from March 23, 2019 to April 24, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2015, the Defendant, who operates a food service business under the trade name of “C”, entered into a franchise agreement with the Plaintiff and “D stores” (hereinafter “instant franchise store”) on December 6, 2015 to December 5, 2020.

(hereinafter referred to as “instant franchise agreement”). (b)

On May 18, 2018, the Defendant expressed to the Plaintiff that the instant franchise agreement will be terminated due to the Plaintiff’s cause attributable to the Plaintiff, and that the Plaintiff did not constitute a ground for the termination of the instant franchise agreement as alleged by the Defendant.

C. On June 4, 2018, the Plaintiff and the Defendant consulted on the termination of the instant franchise agreement.

On the other hand, on June 6, 2018, the article was published to the effect that the Plaintiff, a franchisor, demands the payment of a penalty of KRW 60 million without any specific grounds, on the termination of the franchise store contract, which is a university student, under the title of "F" on the Internet media website of the Defendant's information.

E. On December 3, 2018, the Defendant expressed to the Plaintiff a wish to terminate the instant franchise agreement in accordance with the agreement to terminate the agreement as of June 4, 2018, and the Plaintiff responded to the purport that there was no agreement to terminate the agreement on June 4, 2018.

F. On January 3, 2019, the Defendant suspended the franchise business of the instant franchise store, and transferred the instant franchise store to a third party without the Plaintiff’s consent.

G. In the instant franchise agreement, the Defendant’s business suspension for at least seven consecutive days without good cause may terminate the agreement immediately (Article 35(2)10 of the instant franchise agreement). In the event that the instant agreement terminates due to the Defendant’s fault, the Defendant agreed to pay the Plaintiff the following penalty for breach of contract:

(Article 49(1) of the instant franchise agreement. After concluding the contract on the date of termination of the penalty, the number of months remaining after the expiration of the contract period after opening the franchise store at KRW 5 million prior to the opening of the franchise store.

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