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(영문) 인천지방법원 2014.09.17 2013가합9099
손해배상(기)
Text

1. The Defendant’s KRW 43,520,00 for the Plaintiff and KRW 5% per annum from February 22, 2014 to September 17, 2014.

Reasons

1. Basic facts

A. The Defendant is a company that provides consulting services for business start-up, etc., and Nonparty B (hereinafter “B”) is a business entity that sells chickens at a large retailer, etc.

B. During the review of the start-up of a business, the Plaintiff was in contact with Nonparty C, who is an employee of the Defendant, and had the Plaintiff provide investment consultation, and C recommended the Plaintiff to make an investment in the home f store located in Seocheon-gu, Seocheon-gu, Busan (hereinafter “the instant store”).

C Based on the sales data received from Nonparty G, who is an employee of the Defendant, C explained to the Plaintiff that the sales amount of the instant store from November 10, 201 to November 23, 201 was KRW 31,104,300 in total, and that the sales amount of the instant store was KRW 53,229,90 in December 12, 201, operated by the Home P, a size similar to the instant store, B, a size similar to the instant store.

C. On February 4, 2012, the Plaintiff opened the instant store with Nonparty H, who operates B, provided a know-how for the sales and operation of the store, and the Plaintiff invested KRW 100 million in the funds necessary for the establishment of the store, and entered into a partnership agreement with the content that the period of operation shall be two years from the date of entering into the contract (hereinafter “instant partnership agreement”).

On February 7, 2012, the Plaintiff entered into a franchise agreement with H to operate the “Fcop,” and entered into a contract with H to the effect that “within three months transfer of the title and ownership to the instant store.” The Plaintiff acquired all of the facilities and goodwill related to the instant store from H, and entered into a contract for the transfer of business rights.

Pursuant to each of the above contracts, the Plaintiff paid KRW 20 million to H on February 4, 2012, KRW 30 million on February 8, 2012, and KRW 100 million on February 16, 2012.

On February 4, 2012, the Plaintiff entered into the instant consulting agreement with the Defendant on February 4, 2012, with regard to the salesroom occupants of the instant case (hereinafter referred to as “instant consulting agreement”).

(b).

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