손해배상(기)
1. The Defendant’s KRW 37,366,224 as well as 5% per annum from June 5, 2019 to February 5, 2020 to the Plaintiff.
On April 13, 2018, the Plaintiff and the Defendant entered into a three-year franchise agreement with regard to “C” located in the Gu and Si (hereinafter in this case, the instant franchise agreement and the instant franchise store) with respect to “C”, and when suspending business for at least three days under Article 27(1) of the instant franchise agreement, the Plaintiff shall be notified of approval in writing, and when suspending business for at least seven consecutive days without good cause under Article 30(4)10, the Plaintiff shall be able to terminate the agreement without notice and peremptory notice; the Defendant from February 4, 2019 to the same year.
2. From March 18, 2019, the suspension of business until June, 201, the closure of the instant franchise store after the suspension of business, and the fact that the Plaintiff terminated the instant franchise agreement on the ground of the suspension of business on May 16, 2019 and received the above notification to the Defendant on the ground that the Plaintiff’s termination of the franchise agreement on the ground of the suspension of business did not conflict between the parties and thus, the instant franchise agreement was terminated on May 16, 2019.
Although the defendant asserts that the transfer of business is possible in the middle, the defendant does not submit any evidence to recognize it.
Next, when examining the claim for penalty for the termination of the franchise agreement of this case, if the contract is terminated due to the suspension of business within the contract period, the amount of KRW 19,049,86 cannot be deemed to be unfair if the Defendant directly paid the subsidy for expenses for interior and equipment expenses pursuant to the special agreement of Article 42(3) and (4) of the franchise agreement of this case, but the portion claiming 10% of the sales amount excluding value-added tax for the remainder of the contract of this case and the remainder of the contract of this case, claiming the exempted franchise expenses retroactively regardless of the project execution period, shall be reduced to 5% of the sales amount, considering the purpose of the penalty for compelling the implementation of the franchise agreement, by unfairly excessive excessive portion of the remaining period and 10,67,450 [the above amount shall be reduced to 10,67,450 won [the average monthly sales amount for the preceding 12 months] of the monthly average sales amount for the previous 12 months,541,97
x 0.05 x 25 months, and 7.