(영문) 서울중앙지방법원 2019.04.04 2018가단5153394

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(영문) 서울중앙지방법원 2019.04.04 2018가단5153394

부당이득금

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1. The Defendants jointly and severally liable to the Plaintiff for KRW 70,000,000 and the Defendants Company B from January 31, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the representative director of the Defendant Co., Ltd., which is a company that operates the Korea Language Research Institute and engages in the franchise business of the Korea Language Research Institute.

B. On January 15, 2018, the Plaintiff: (a) drafted a “D store (hereinafter “instant franchise agreement”); (b) signed and sealed as a joint and several surety; (c) Defendant C signed and sealed the instant franchise agreement as a joint and several surety; (d) the Plaintiff and the Defendant Company drafted an “E franchise agreement” (hereinafter “instant franchise agreement”) on the same day; and (e) drafted the relevant part of the agreement relating to the instant case as follows.

(1) The instant operating consignment agreement (hereinafter referred to as the “Defendant Company,” the “trustee,” and the “Plaintiff,” shall refer to the “Plaintiff”) shall prepare two copies of the franchise agreement and the consignment agreement, and shall give priority to the contents of the consignment agreement.

1.The purpose of this contract is to provide for such particulars as may be necessary for the operation of the F Center entrusted by the trustor.

2. The good faith operator and the trustor shall be in accordance with the good faith and sincerity and shall perform their obligations under this contract.

4.(1) The F Center’s duties and rights shall be exercised to maximize its revenues. (2) The F Center’s expenses relating to the test and authorization and license of the F Center shall be 70,000,000 won (the part of the tegrology, cooling, cooling, and tegrating all shall be replaced by sirens) shall be entrusted to the trustor with the selection and operation and management of instructors’ staff. (4) The F Center’s expenses shall be entrusted with all operations, such as expenses for publicity, advertising, office work, etc. necessary for the operation of private teaching institutes.

8) The F Center will pay 2,500,000 per month for fixed earnings between six months after the opening of the F Center (payment by the end of the following month) 12) the franchise of this F Center agreement will be exempted.

5. The fiduciary’s obligations and rights 2F Center’s expenses of KRW 70,000,000 for authorization and permission.

유사 판례

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-서울남부지방법원 2020.07.02 2019가단250606

-제주지방법원 2015.05.29 2014가단2234