추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant and D’s franchise store contract 1) E was changed to that of Non-Party D Co., Ltd., a corporation for the purpose of manufacturing, processing, and selling various kinds of food and beverage, and was changed to that of “Co., Ltd. G” on August 8, 2012, and as of March 31, 2014.
hereinafter referred to as “D” only
2) On May 20, 2013, the Defendant’s husband entered into an interim management-type franchise agreement with D on May 20, 2013, and paid KRW 60,000,00 as security deposit, etc. at around that time.
Since then, the party to the franchise store contract was changed from H to the defendant
(3) The main contents of the franchise agreement between the Defendant and D are as follows: ① (a) to pay rent, etc. to a lessor by leasing a store in which DI shop is to be established; and (b) to supply a merchant contractor with goods, such as facilities and coffee, by bearing personnel expenses; (c) to deposit the credit card sales amount of the I shop into D’s account using the franchise system provided by D; and (d) to transfer the cash sales amount directly to D’s account (hereinafter “Operation Fee”).
such store shall be paid to the merchant contractor of the store.
B. Around December 2013, 2013, the aggravation of the financial status of D and the establishment of a separate corporation among the franchise contractor, etc. of D, the following circumstances arise: (i) no rent was paid for the I shop and no goods such as coffee are supplied, and no operating fee was paid. (ii) Accordingly, the franchise contractor was no longer able to operate I shop in an existing manner; and (iii) when suspending the operation of I shop, it is difficult to refund the deposit from D with the aggravation of the financial status, taking into account that it is difficult to refund the deposit from D, the purchase cost of goods such as the sales rent and coffee, etc. is borne by himself.