손해배상(기)
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 8, Eul evidence No. 5, Eul evidence No. 7, Eul evidence No. 8, Eul evidence No. 8, and the purport of the whole pleadings as a whole in witness D's testimony.
The Defendant is a franchisor that is established for the purpose of food wholesale business, franchise business, etc., and operates a subdivision-type franchise business (hereinafter “instant franchise business”) with the brand called “C,” and the Plaintiff is a franchise business entity that has been granted the right to operate the “C vice store (hereinafter “C vice store”) from the Defendant.”
B. On August 1, 2017, the Plaintiff entered into a franchise agreement with the Defendant (hereinafter “instant franchise agreement”) and notified the Defendant of the termination of the instant franchise agreement on the grounds that the continued operation of the instant store was due to the continuous business depression, such as the installation of main sewage culvert, false promotion of exaggeration, and provision of information.
C. Article 17(2) of the instant franchise agreement provides that “The interior facilities of the instant store may be installed directly by the Plaintiff or through an enterprise to which the Defendant or the Defendant introduces, according to the design structure determined by the Defendant.”
Accordingly, the Defendant requested E (hereinafter referred to as “E”) to do so, and the company performed the interior works of the instant store. D.
In entering into the instant franchise agreement, the Defendant agreed with the Plaintiff that “the Defendant shall establish the food washing machine, singing counter, etc., which is the main apparatus, in the instant store, and the Plaintiff shall pay the Defendant a total of KRW 22,00,000 (including value-added tax) with the price for the supply of the said kitchen equipment, furniture, fixtures, publicity expenses, etc.”
The defendant is called the "food washing machine of this case" in accordance with the above agreement.