(영문) 부산지방법원 2016.12.23 2015가단77898

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(영문) 부산지방법원 2016.12.23 2015가단77898

손해배상(기)

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1. The plaintiff's claim is entirely dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Factual basis

A. As the head of the Defendant Company B (hereinafter “Defendant Company”), Defendant D, who is the head of the headquarters of the Defendant Company B (hereinafter “Defendant Company”), received proposals from the Plaintiff that he will take over an appropriate restaurant from the Plaintiff to operate the “F store” (hereinafter “instant restaurant”) to operate the Defendant Company’s direct store in Busan East-gu, Busan, and agreed on the subscription of the franchise agreement.

On March 27, 2015, the Defendant Company commenced the instant restaurant business, and the Plaintiff was unable to find a suitable restaurant, and on March 31, 2015, entered into an agreement with Defendant D to accept the instant restaurant at KRW 224,00,000 (including KRW 60,000,000 as building lease deposit) (hereinafter “instant underwriting agreement”). The down payment of KRW 10,000,000, an intermediate payment of KRW 140,000,00 on the contractual date, and the remainder is paid on April 11, 2015, and on the same day to Defendant D’s account, the representative director of the Defendant Company, remitted the down payment of KRW 10,000,000 to Defendant C’s account.

B. On April 10, 2015, the Plaintiff and the Defendant Company entered into a contract with the Plaintiff as a franchise store of the Defendant Company’s “G” franchise business (hereinafter “instant franchise agreement”) and agreed to treat KRW 11,00,000 out of the above restaurant acquisition price of KRW 224,00,000 as the franchise fee.

C. On April 10, 2015, prior to the payment date of intermediate payments and remainder under the instant underwriting agreement, the Plaintiff transferred KRW 200,000,000 to the Defendant C’s account, and commenced restaurant business from April 11, 2015. As the sales were lower than anticipated, the Plaintiff was drafted a contract with Defendant D on April 15, 2015 as follows.

- The remainder of KRW 14,00,000 and the acquisition price for inventory goods shall be 20,000,000.

- The head office shall support marketing for three months, and monthly sales shall be 60,000,000 won after three months from April 15.

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