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(영문) 대구지방법원 포항지원 2018.07.10 2017가단103335
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In around 2010, the Plaintiff joined the Defendant’s port branch office (hereinafter “instant branch office”) with a private teaching institute and operated E in the north-gu, Posi-si.

On November 2012, the Plaintiff received a proposal from C to take over the instant branch, and discussed the acquisition of the instant branch with the Defendant.

Ultimately, the Plaintiff paid C the premium of KRW 67,00,000,000 to the Defendant on December 26, 2012, and entered into a branch contract with the Plaintiff to operate the instant branch office from January 1, 2013 to February 28, 2014. The period of operation thereafter was extended through the re-contract.

On February 16, 2016, the Plaintiff entered into a contract with the Defendant on condition that the office of the branch be leased by June 30, 2016 (hereinafter “instant contract for the branch”). Article 5 of the instant contract for the branch of this case provides that “The period of the transaction agreement shall be from March 1, 2016 to February 28, 2017. The agreement shall be automatically terminated at the expiration of the contract period, and the renewal contract shall be determined by evaluating the results of the recruitment of classrooms and the activities, etc.”

On July 12, 2016, the Defendant sent a letter to the Plaintiff that, by June 30, 2016, the Defendant knew that the re-contract was not concluded on the grounds of nonperformance of office rent, failure to request the submission of data on business performance, failure to comply with the request for submission of data, failure of personal reasons at the settlement of accounts, etc.

On August 2016, the Plaintiff filed a dispute mediation with the Fair Trade Commission to the effect that the Defendant as the respondent would return the unfairly quasi-standard premium, and claim consolation money as to whether he would be insultingly insulting as a human being, and interfere with his personal business.

Around November 18, 2016 and December 16, 2016, the Defendant notified the Plaintiff that the instant branch contract will terminate as of February 28, 2017, and notified the Plaintiff that he/she had no intent to renew the contract. On March 2, 2017, the Defendant again notified the Plaintiff that the instant branch contract will terminate as of February 28, 2017.

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