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(영문) 서울중앙지방법원 2020.06.19 2019가단5026772
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts;

A. Defendant B (hereinafter “Defendant Company”) is a franchisor under the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) that engages in franchise business with the brand called “D”.

B. The Plaintiff was willing to start up the Defendant C’s store with the head of the sports headquarters of the Defendant Company at the start-up exhibition.

C. (1) On November 21, 2017, the Plaintiff received from Nonparty E a transfer of the F building G (trade name: H and type of business: retail store) of KRW 30,000,000 for premium.

on November 22, 2017, the Plaintiff leased the said commercial building from Nonparty I as security deposit amounting to KRW 30,000,000 for monthly rent, KRW 2,000,00 for monthly rent (excluding value-added tax) for the period fixed by November 30, 2019.

On November 24, 2017, the Plaintiff entered into a franchise agreement with the Defendant Company by setting the franchise period by November 23, 2019.

On December 20, 2017, the Plaintiff registered the business with the trade name "D old-si store" in the above G G.

E. The Plaintiff, as a result of pregnancy and health problems, entered into a store operation agreement with Defendant C on April 24, 2018.

1. Sale, transfer and acquisition of the D previous store store shall be exclusively in charge of the defendant C exclusive to the claimant;

4. Deposit 30 million won/ rent 2 million won (excluding value-added tax / 90 million won), sales, transfer and takeover of a store with a right 90 million won, and no change in the premium shall be made until the claimant agrees with the claimant.

6. Where a consulting contract is not implemented, penalty for breach of contract shall be 50 million won;

F. On June 20, 2018, the Plaintiff re-consigned a consulting agreement with Defendant C on sales, transfer, and acquisition of stores.

G. Around September 2018, the Plaintiff drafted another “store sales and transfer/acquisition consulting contract” with Defendant C.

4. Sales normalization for transfer and acquisition shall be entrusted at the franchise business headquarters for four months from September 1, 2018 to December 31, 2018.

5. Deposit 30 million won/rent 2 million won.

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