손해배상(기)
1. The Defendant’s KRW 17,710,00 for the Plaintiff and 5% per annum from December 31, 2019 to January 21, 2021.
1. In fact, A Co., Ltd. (hereinafter “Nonindicted Company”) is a franchisor operating the franchise business called “E”. On March 18, 2015, F Co., Ltd. established “E” datum after setting the nine-storys above the ground datum of the Nowon-gu Seoul Special Metropolitan City Nowon-gu G department store Nowon-gu (hereinafter “instant store”) from March 18, 2015 to January 31, 2018, during the period from March 18, 2015 to January 31, 2018, the deposit amount of KRW 137,084,610, and monthly rent of KRW 15%.
On October 31, 2015, the Defendant concluded a franchise agreement with the non-party company to extend the period of one year from March 18, 2015 to January 31, 2018 (hereinafter “instant franchise agreement”) to KRW 15% of the monthly net sales of the rent, and to transfer the sales right, house, etc. to KRW 300,000,000, and to extend the period of one year from November 1, 2015 to October 31, 2016 (hereinafter “instant franchise agreement”). Since then, the Defendant paid KRW 300,000,000 to the non-party company.
On November 7, 2015, the Defendant concluded an entrustment contract with the non-party company for the management of the instant store by entrusting it to the non-party company until January 31, 2018, and paying 2% of monthly sales at royalties (hereinafter “instant entrustment contract”) and agreed to the effect that “all expenses other than personnel expenses (including renovation expenses, etc. of documents attached under Article 3) to be paid for food sales during the contract period shall be paid from the income derived from food sales, and if the contract falls short thereof, the Defendant and the non-party company shall be borne by the Defendant” (hereinafter “instant provision”). On February 22, 2018, the Defendant agreed to renew the instant consignment contract from around January 31, 2018, on the ground that “the labor expenses of the non-party company under the entrustment contract are the difference between the labor expenses of the non-party company and the non-party company and the non-party company,” and the Defendant bears the difference between the labor expenses of the non-party company 36.4.