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(영문) 서울고등법원 2020.01.15 2019나2036897
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in Paragraph 2, and the reasons for the court’s explanation is as stated in the reasoning of the court’s decision of the first instance, except for the Plaintiff’s assertion as stated in Paragraph 3, and as such, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the reasons for the decision of the court of first instance, the part concerning which the correction is made shall be referred to as the “content of correspondence” in Articles 6 through 7 of the 6th judgment of the court of first instance as “content of the report.”

Part 11 of the judgment of the first instance court stated "No. 6 of the A" as "No. 6, No. 8, No. 10, No. 11, No. 12, and No. 13".

Article 6 (2) of the franchise agreement of this case provides that "(2) pursuant to Article 6 (2) of the franchise agreement of this case, the Plaintiff would be deemed to have additionally paid KRW 37,00,000,00 which is paid by the Plaintiff as a reserve for goods and expendable goods and appropriated as a part of the purchase price of goods on the opening day of the opening day" of the first instance judgment (Article 6 (2) of the franchise agreement of this case provides that "(37,00,000,000 which is additionally paid by the Plaintiff constitutes the reserve for goods and expendable goods." The above KRW 37,000,000,000 is deemed to constitute the reserve for goods and expendable goods, and the above KRW 37,00,000,000 is deemed to be appropriated as the initial purchase price of goods and expendable goods (= KRW 5,886,939,00,000 for new goods

Part 12 of the judgment of the first instance court, the "Evidence 15" of Part 8 of the judgment of the second instance shall be understood as "Evidence 15 of the judgment of the first instance."

Part 3 through 4 of the decision of the first instance court is "Additional Family Wage" in the attached Forms 3 through 4 of the decision of the first instance.

3. Additional determination on the Plaintiff’s assertion in this Court

A. The Plaintiff’s assertion entered into the instant franchise agreement and, in other words, continued business losses sustained by the Plaintiff, the sales amounting to considerably below the net income as informed and explained by the Defendant.

This is an inevitable circumstance that makes it difficult to continue the contractual relationship, and the franchise agreement of this case is in accordance with Article 168-10 of the Commercial Act.

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