손해배상 등
1. The defendant's appeal is dismissed.
2. According to the Plaintiff’s expansion of the purport of the claim in the trial, the Defendant shall be the Plaintiff.
1. Facts of recognition;
A. On October 1, 201, the Plaintiff entered into a franchise agreement with the Defendant with respect to the equipped range B points during the period from October 31, 201 to October 30, 2016 (hereinafter “instant franchise agreement”).
The main contents of the instant franchise agreement shall be as follows to attached Form 2:
The defendant is supplied with goods on credit from the plaintiff and then sells such goods, and then transfers the sales amount to the plaintiff daily, and the plaintiff deducts the credit payment, the amount equivalent to 35% of the balance, and the operating expenses, etc. from the sales amount and pays
(A) Article 26(1), Article 28(1), and Article 28(1), and Article 28(1)10 of the Contract. On the other hand, the Plaintiff agreed to refund the full amount of the additional subsidy to the Defendant in the event of termination of the contract, with the additional agreement between the Defendant, for a total of 8,400,000 won per month and 4% of the gross profit from sales of the monthly product.
B. The Defendant did not transfer sales from January 2012 to the Plaintiff. The Plaintiff, on January 5, 2012, sent the sales revenue to the Defendant, and on January 16, 2012, issued to the Defendant a certificate of the content that “if the sales amount is not complied with, measures, such as incentives and suspension of supply of goods, may be taken, and if the sales amount is violated again or if the same act of violation is repeated twice or more after the contract was performed, it may be terminated upon termination of the contract.” The Defendant sent the same certificate of content on February 20, 2012 and June 25, 2012, and notified the Defendant of the performance thereof on February 14, 2013, but the Defendant notified the Defendant of its intent to terminate the instant franchise agreement on the ground of the nonperformance of obligation as above, and the notification reached the Defendant on February 18, 2013.
The defendant does not return the movable property borrowed from the plaintiff, and runs other business than the convenience store without attaching the signboards listed in attached Form 3.