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(영문) 서울동부지방법원 2018.05.03 2017가합104987
손해배상(기)
Text

1. The Defendants jointly share KRW 237,707,205 with respect to the Plaintiff and KRW 230,269,000 among them, from October 21, 2016 to July 7, 200.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a franchisor that runs a franchise business under the trade name of “E” as a company aimed at external chain business, franchise store management business, etc., Defendant C is an internal director representing the Defendant Company, and Defendant D is the head of the E Department of Business of the Defendant Company.

On November 16, 2016, the Plaintiff opened and operated a G store (hereinafter “instant store”) under Article 205 of the 205 building located in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant store”). On October 10, 2017, the Plaintiff closed the store.

B. Around July 2016, the Plaintiff’s husband and the Plaintiff’s husband reported the advertisement to recruit member stores of the Defendant Company, and on July 22, 2016, the Plaintiff visited the head office of the Defendant Company and consulted about the establishment of Defendant D, I in charge of I and franchise stores.

In addition, on July 23, 2016, the Plaintiff’s husband entered into a consulting agreement with the Defendant Company, and paid 2 million won to the Defendant Company on the same day.

C. On August 11, 2016, upon the recommendation of Defendant Company employees, the Plaintiff leased the instant store from J with a deposit of KRW 30 million, KRW 2.4 million per month of rent, and the lease period of two years.

On September 8, 2016, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with Defendant Company and Defendant Company as KRW 350,009,00 (including value-added tax) to operate the instant store as a cartoon class (hereinafter “instant franchise agreement”). At the time, the Plaintiff and Defendant Company set forth the terms of the instant franchise agreement (hereinafter “instant franchise agreement”) stating that “A franchise store will refund to the amount less than KRW 318,190,000 to the amount less than KRW 318,190,000 on the basis of the total sales of POS for 24 months.”

E. Since then, the Plaintiff and the Defendant Company again agreed on the establishment cost of September 24, 2016 as KRW 324,269,000, and the amount of KRW 94 million out of which was decided to borrow from the Defendant Company, and the Plaintiff.

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