(영문) 서울서부지방법원 2019.10.04 2019나31898

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(영문) 서울서부지방법원 2019.10.04 2019나31898

손해배상(기)

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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount constitutes an additional payment order.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 1, 2016, the Defendant: (a) delegated H with H the business of inviting, attracting, and managing “D” franchise stores; (b) concluded a franchise store business consignment agreement (hereinafter “instant business consignment agreement”); and (c) became aware of the Plaintiff who discovered the opening point of the store by the introduction of C while the franchise store No. D 1 was in physical display.

B. On April 13, 2017, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant’s director E and the Defendant’s KRW 5 million for the start-up of the instant franchise restaurant (hereinafter “instant franchise”). On the same day, the Plaintiff paid KRW 5 million to the Defendant on the same day. The main contents of the instant franchise agreement are as follows.

(A) “A” is the Defendant, and “B” is the Plaintiff). 1. The objective of this Agreement is the contract security for the establishment of A’s D brand franchise franchise business operators.

2. The business shops in B of the operating area shall be F;

3.B At the time of the conclusion of this Agreement, the contract retainers 5,000,000 won shall be paid to A as preparation for the establishment of a franchise store in the above-mentioned stores.

4. Conditions.

(a) The retainer of a contract shall be appropriated for part of the opening facilities when the store of B becomes final and conclusive, and the estimate of the opening cost is calculated, and the franchise agreement has been concluded;

B. Paragraph 3, without any terms and conditions of contract at the time of the cancellation of this provisional contract due to the circumstances of Party A or B, shall be immediately refunded to Party B.

C. On April 18, 2017, the Plaintiff’s brand name of the instant store from I as “N” is separate from KRW 30 million, 100,000,000,000, and 300,000,000,000,000,000,000,000,000,000,000,000,000,000.

유사 판례

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