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(영문) 청주지방법원 2017.05.19 2016가단1045
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 3, 2015, the Plaintiff and Defendant B entered into a contract for a club business with the Plaintiff to invest all funds, and Defendant B provided operational and technical know-how and distribute profits by operating cosmetic-dong 202 (hereinafter “instant cosmetic-dong store”) in Cheongju-si, Cheongju-si (hereinafter “instant cosmetic-dong store”).

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

Around February 23, 2015, Defendant B entered into a lease agreement with F and the instant store with the terms of KRW 30 million, KRW 1750,000,000,000,000,000,000,000,000,000, and the term of lease from April 1, 2015 to March 31, 2017.

C. Defendant B received expenses from the Plaintiff, and employed the cosmetic work and employees of the beauty art room in the instant case. D.

The Plaintiff and Defendant B entered into a contract for the management of cosmetic, which entered into on December 8, 2015, and comprehensively succeeds to all rights and obligations relating to the cosmetic operated by Defendant B (hereinafter “instant contract for succession”), and Defendant B received KRW 10 million from the Plaintiff and did not participate in the operation of the cosmetic, and the instant contract for the same business was terminated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 30, purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff asserted 1 during the period of the business partnership with Defendant B, and paid KRW 173,300,000 as the opening and operating expenses of the beauty art room of this case. Defendant B demanded the expenses of the arche and false materials and personnel expenses to obtain money from the Plaintiff or embezzled profits from beauty art room. Meanwhile, the Plaintiff acquired money from the Plaintiff.

In addition, Defendant B, while entering into the instant succession contract with the Plaintiff, made a false representation that he/she continued to engage in the instant succession contract, and acquired KRW 10 million from the Plaintiff by defrauding it. Therefore, the damages caused by the tort are imposed.

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