손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 61,719,242 to the Plaintiff (Counterclaim Defendant) and its amount from January 6, 2015 to the date of full payment.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts under the basis of facts may be found either in dispute between the parties or in the entries in Gap evidence 1 to 9, 12 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 1, 2, 3, 11, and 12, together with the whole purport of the pleadings. A.
(1) On February 10, 2014, the Plaintiff and the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, and the 2nd floor of the building located in Dong-gu, Nam-gu, Chungcheongnam-gu, Dong-gu, Seoul, to operate the Plaintiff’s franchise store “C” (hereinafter “instant franchise agreement”).
(1) The term “A” and “B” respectively mean the Plaintiff and the Defendant, respectively, as follows. Article 2 (Definition of Terms)
7. The term "franchise fee" means the cost that "B" participates in a franchise business as at the time of the initial franchise agreement, the cost of education for franchise stores prior to opening points, the cost of providing operational manuals, other opening support, and the extinguished money paid to "A" in return for providing human resources, information and data for opening of a franchise store.
8. The term “contract performance guarantee” means money that a “B” pays to “B” in order to secure the performance of a contract and the payment of a debt or the amount of damages for the said contract.
9. The term "deposit franchise fee" means a franchise fee that a depository shall deposit with a depository institution for a certain period pursuant to the "Fair Transactions in Franchise Business Act", such as franchise fees and contract deposit;
Article 9 (Rotterdam Equipment of Shops) ① “B” shall complete the interior equipment (such as internal and external sites, display, signboards, etc.) at the expense of “B” in accordance with the manuals and regulations presented by “A” so as to maintain the unity and originality of the whole franchise business before the opening of the franchise store, and shall maintain its status during the contract period.