약정금
1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from October 5, 2016 to the date of complete payment.
1. Facts of recognition;
A. On January 24, 2008, the Plaintiff and the Defendant, the actual operator of Non-Party C Co., Ltd. (hereinafter “Non-Party C”), approved the Plaintiff to use the trade name and trademark “C” and “D” of Non-Party C Co., Ltd., and the Plaintiff drafted a franchise agreement with the Non-Party Co., Ltd. to pay KRW 6 million and KRW 45 million for chain establishment costs (hereinafter “instant agreement”).
B. The plaintiff paid 44,750,000 won to the non-party company as business start-up costs, etc. according to the contract of this case, and began business from March 2008. However, the defendant did not generate sales or operating profit equivalent to 3,50,000 won per month as set forth in the contract of this case.
C. Accordingly, on January 9, 2009, the Plaintiff urged the Defendant to pay the business start-up cost, etc. or operating profit, and on January 12, 2009, the Defendant drafted a payment note in the name of the non-party company (hereinafter “instant payment note”) with the purport that “45 million won will be paid to the Plaintiff by January 12, 2009. In the event of a violation, it will be liable for civil and criminal liability.”
Around January 18, 2010, the Defendant sent to the Plaintiff a letter to the effect that “the Defendant himself/herself shall pay off the material damages suffered by the Plaintiff under the instant contract,” while he/she was convicted of the facts charged that he/she acquired 44,750,000 won from the Plaintiff as investment funds and was tried for a criminal case.”
[Evidence Evidence: Facts without dispute, entries in Gap evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings]
2. Judgment on the parties' arguments
A. According to the above facts of determination as to the cause of the claim, the defendant agrees to pay 45 million won in accordance with the costs that the plaintiff invested in the franchise store establishment through the preparation and delivery of the letter of payment in this case and the business profits guaranteed by the defendant.