가맹비 등
1. The Defendant (Counterclaim Plaintiff) paid KRW 9,000,000 to the Plaintiff (Counterclaim Defendant) and the amount from March 9, 2017 to January 12, 2018.
1. Facts of recognition;
A. Around January 2015, the Plaintiff and the Defendant entered into a franchise agreement on the five affiliated points of D Language Institutes in Ulsan-gun C and C (hereinafter “instant fish driving school”) in Ulsan-gun, Ulsan-si (hereinafter “instant franchise agreement”).
B. Around July 2016, the Defendant changed the parties to the instant franchise agreement from the Defendant to E, the father of the Defendant.
C. On October 28, 2016, the Defendant prepared a certificate of termination of the franchise agreement (hereinafter “instant termination certificate”) stating the grounds for termination of the contract and continued to operate the instant fish driving school after being supplied with teaching materials from the Plaintiff.
On January 23, 2017, the Plaintiff sent to the Defendant a certificate of content stating that “As the instant franchise agreement was terminated as of October 18, 2016, the Plaintiff shall not use signboards, teaching materials, etc.”
E. The Defendant received the certificate of the above content from the Plaintiff and set the signboard of the instant fish driving school around January 2017, and did not use the Plaintiff’s trade name and teaching materials.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5 through 7, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion 1) The instant franchise agreement expired on January 2016 and re-contracted on February 2016. As such, the Defendant is obligated to pay KRW 30 million as in the franchise fee that was paid at the time of the initial contract with the cost of re-contract. 2) The Defendant did not pay KRW 3 million as in the monthly franchise fee from March 2015 to October 2016 when the instant franchise agreement was terminated. As such, the Defendant is obligated to pay KRW 60 million in the aggregate of the monthly franchise fee for the 20-month period (3 million x 20 months).
In addition, the defendant is obligated to pay 9 million won (3 million won x 3 months) to the end of this period, since he/she operated the same business as before the termination of the contract, such as receiving teaching materials from the plaintiff from November 2016 to January 2017.
(b).