질권해지의사표시 등
1. The part concerning the claim for damages among the counterclaim of this case is dismissed.
2.(a)
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff).
1. Basic facts common to the principal lawsuit and counterclaim;
A. On March 2012, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with Defendant B to establish and operate a “F store” on the instant building 1 and 2nd floor E on the ground (hereinafter “instant building”) in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant building”).
B. At the request of the owner of the above building, the Plaintiff, a master franchisee, agreed on the lease to sublet the above building to the above Defendant on March 9, 2012, and sublet the building of this case to the above Defendant on March 21, 2012 (around 8 square meters following the first floor of the above building).
C. On April 6, 2012, the Plaintiff concluded a facility contract with the said Defendant on the said F Points, and subsequently carried out the interior works through the Round (hereinafter “Public Interest Day”).
In addition, on the 23th of the same month, the franchise business operator established in Defendant B on the 17th of the same month and was appointed as a joint representative director by the said Defendant and entered into a franchise agreement with Defendant C (“Defendant C” (the contract period between April 23, 2012 and April 22, 2015), and entered into a sublease contract with Defendant C on the said building.
Defendant B strongly resisted the Plaintiff that the sales of the said store did not significantly fall short of the expected sales based on the data provided by the Plaintiff prior to the conclusion of the said franchise agreement.
Defendant C entered into a support agreement with the Plaintiff on February 25, 2013 to receive subsidies for a certain period of time (hereinafter “instant support agreement”) and continued to engage in the business. However, around September 2014, the price of goods, etc. that were not paid to the Plaintiff was KRW 200 million.
E. On November 21, 2014, the Plaintiff notified Defendant B that the amount of KRW 199,533,475, which was in arrears, may not be paid until December 27, 2014, may be suspended from the entry of goods from December 1, 2014, and the said period expires.