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(영문) 서울중앙지방법원 2016.05.02 2014가단5202458
손해배상(기)
Text

1. The Defendant: KRW 74,342,010 for the Plaintiff and KRW 20% per annum from July 29, 2014 to September 30, 2015.

Reasons

1. On January 5, 2009, the Defendant entered into a franchise franchise agreement (hereinafter referred to as “instant franchise agreement”) with the Plaintiff with respect to convenience stores B (hereinafter referred to as “instant stores”) operated by the Plaintiff on a five-year basis for the contract period from January 30, 2009.

In addition to the franchise fee at the time of the instant franchise agreement, the Defendant deposited KRW 12 million in total to the Plaintiff as the product reserve (10 million), money exchange reserve (1 million won), and house reserve (1 million won) separately from the franchise fee at the time of the instant franchise agreement.

On July 21, 2011, the Defendant, while operating the instant store, filed an application for dispute mediation with the Korea Fair Trade Mediation Agency for the termination of the instant franchise agreement (hereinafter “instant application for dispute mediation”) with the Plaintiff on August 30, 201. On August 30, 2011, the Defendant filed a lawsuit against the Plaintiff for damages due to the Plaintiff’s non-performance of the agreement for termination of the contract (Seoul District Court 201Gaso21310).

After that, on September 20, 201, the Defendant withdrawn the instant application for dispute mediation on the ground that the Plaintiff, the other party to the instant dispute mediation, was smoothly agreed with, and the claim for damages against the Plaintiff was withdrawn on September 27, 2011.

In addition, the Defendant terminated the business of the instant store on December 16, 201 and closed the store on December 23, 201.

As of December 201, the facility construction cost invested by the Plaintiff in relation to the instant store was KRW 9,909,315, and the remaining value was KRW 2,068,000 with the facility removal cost of the instant store. The amount of accounts receivable that the Defendant failed to settle to the Plaintiff while operating the instant store was KRW 78,51,706.

In addition, as of December 201, the sales proceeds that the Defendant did not remit to the Plaintiff was KRW 344,00,00, and the shortage in the chain store accounts due to the settlement of various value-added taxes, etc. arising from the transaction of goods was KRW 497,647, and KRW 1 million deposited by the Defendant was already returned to the Plaintiff.

On the other hand, however,

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