구상금
1. The Plaintiff:
A. Defendant A’s KRW 50,000,000 and as to this,
B. Defendant B is jointly and severally with Defendant A.
(b).
1. The facts of recognition (i) Defendant A concluded the Plaintiff’s Intervenor’s Intervenor’s “D store 7-EEVEN franchise (franchise)” (hereinafter “Franchis contract”) with the 7-EVN convenience points of 7-EVN convenience points that he/she is the franchisor, and Defendant B, who was the franchisor of the above Defendant, signed and sealed all of the franchisor’s responsibilities as a shop operating partner with the joint and several liability of the franchisor.
She and Defendant A concluded with the Plaintiff on April 14, 2010 a franchise insurance contract under which the content of the guarantee is “payment guarantee in accordance with the franchise agreement” (hereinafter “instant insurance contract”) with the said Defendant, the insured, the Plaintiff’s Intervenor, the amount of insurance coverage KRW 50,000,000, and the insurance coverage period from April 14, 2010 to May 3, 2015.
In the event that Defendant A paid insurance money to the Plaintiff’s Intervenor as a result of the occurrence of an insured event against the failure to contract against the Plaintiff’s Intervenor, the said Defendant decided to reimburse the Plaintiff.
(3) Article 3). Consolidatedly, the Plaintiff’s Intervenor notified the Plaintiff’s Intervenor that he was a customer clean on February 8, 201. From February 21, 2011 to April 10, 2013, the Defendant sent a peremptory notice of non-compliance with the remittance principle and the performance of the contract, etc. based on the excessive remittance on several occasions, and notified the Defendant that the amount was KRW 36,671,490, while the Defendant did not repay.
Applicant The Defendant’s side rather suspended the Plaintiff’s voluntary suspension of business, and did not comply with the Plaintiff’s request for correction. On December 31, 2013, the Plaintiff’s Intervenor terminated the instant franchise store contract on the ground of the breach of contract, and on April 2015, the Plaintiff claimed KRW 55,369,635 of the insurance money under the instant insurance contract to the Plaintiff. On two occasions, the Plaintiff sent a written request for confirmation of facts to the Defendants, but returned, the Plaintiff paid KRW 50,00,000 as insurance money to the Plaintiff’s Intervenor on May 19, 2015.
(v) Defendant A and on March 3, 1998, after filing a marriage report and on December 1, 2010.