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(영문) 서울중앙지방법원 2016.08.12 2015가단5077178
손해배상(기)
Text

1. Defendant C shall pay to the Plaintiff KRW 102,366,984 and the interest rate of KRW 15% per annum from April 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff entered into an agreement on the direct consignment of the franchise store (hereinafter “instant agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant B”).

The purpose of the contract: The plaintiff's purpose of the contract is to operate the store Nos. 110 and 111 (B E; hereinafter "the store in this case") of Seocho-gu Seoul, with the aim of raising the competitiveness of the store by managing and supervising the store in good faith during the contract period so that the store can be operated under the entrustment by the defendant B; - "entrusted operation" means all the ownership of the store in this case, such as facilities, equipment, and other fixtures and commodities, are maintained in the plaintiff's name; during the entrusted operation period, the product in this case is currently under the responsibility of the defendant B to maintain and repair the product in this case as at the present time of the entrusted operation period; the "entrusted operation fee" means the business fees of the store in this case paid by the defendant B to the plaintiff during the entrusted operation period; the contract for the lease of the store in this case - monthly entrusted operation shall be maintained in the plaintiff's name; the monthly rent (2.5 million won per month; value-added tax); the entrusted operator's deposit and other public charges under the operation of this case; the plaintiff and the entrusted operator's deposit.

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