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(영문) 서울중앙지방법원 2019.10.15 2018나81891 (1)
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. The acceptance of the judgment of the court of first instance and the reasoning for an additional party member's judgment are as stated in the judgment of the court of first instance, except for addition of the following judgments, and therefore, they are quoted in accordance with the main sentence of Article 420

As to the termination of the instant franchise agreement disputing the Defendant, the Plaintiff’s Intervenor’s Intervenor’s notification of the termination of the instant franchise agreement to the Defendant around November 2015, based on the following: (a) the Plaintiff’s notification of the termination of the instant franchise agreement to the Defendant around November 2015; and (b) the notification of the termination of the instant franchise agreement constitutes “where a franchise business operator suspends business for at least seven consecutive days without justifiable grounds,” as prescribed by the proviso of Article 14(1) of the Fair Transactions in Franchise Business Act and Article 15 subparag. 10 of the Enforcement Decree of the Fair Transactions in Franchise Business Act.

In addition, the fact that the Defendant did not pay KRW 2,523,985 to the Plaintiff’s Intervenor does not conflict between the parties, and the amount of the unpaid goods is also subject to the Defendant’s compensation for damages arising from the Defendant’s breach of the instant franchise agreement, and thus, it is subject to the instant guaranteed insurance concluded for the guarantee of damages under the instant franchise agreement.

Therefore, the Defendant: (i) KRW 7,672,403 [=5,098,630 won per annum from January 28, 2016 to March 27, 2016] (i) KRW 5,657 won per annum from December 29, 2015 to January 27, 2016 (i) KRW 24,657 won per annum from December 29, 2015; (ii) KRW 73,973 won per annum from March 28, 2016 to KRW 9% per annum from March 27, 2016 (i) KRW 5,000,000 x 96,000 x 960 x 36537537,2975; and (iii) KRW 25375,2785,297; and (iv) the Plaintiff sought damages for delay from the date following the insurance payment).

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