손해배상(기)
1. Of the judgment of the court of first instance, the judgment against the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment of the principal lawsuit.
1. In this item of basic facts, the principal claim and counterclaim shall also be deemed to have been filed.
A. 1) On January 14, 2014, CDs entered into a franchise establishment contract, etc. (hereinafter “instant franchise store”) with the Defendant as the franchisor, and the Defendant as the franchisor, at stores of the size of 110 square meters among the 110th E-ground buildings in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu. (hereinafter “F store”).
) Franchise franchise agreements (hereinafter referred to as “instant franchise agreements”) with a content to establish the franchise agreement.
In addition, the Defendant’s establishment of a franchise store of KRW 285 million (the contract amount of KRW 30 million, the retainer payment of KRW 135 million, the intermediate payment of KRW 60 million, the remainder of KRW 60 million) to the Defendant (hereinafter “instant construction”) (hereinafter “instant construction”)
2) The contract agreement under which the contract is made (hereinafter “instant contract for construction”)
B) Before entering into the instant franchise agreement and the instant construction contract, D entered into a provisional contract for the instant franchise agreement with the Defendant under the name of the entity it operates, and D paid KRW 10 million to the Defendant as the provisional contract amount.
(C) On January 15, 2014, the following day of the instant construction contract, the CD and the Defendant considered KRW 10 million as the down payment of the instant construction contract. The Defendant paid KRW 20 million additionally to the Defendant as the down payment of the instant construction contract on January 15, 2014.
B. 1) After the formation of the agreement, etc., when the payment of the start amount of the instant construction contract was delayed, the Defendant urged the CD to pay the start amount, and the CD respondeded to pay the start amount after establishing a corporation under the name of D and C female life. 2) On March 6, 2015, the CD and the Plaintiff, the Defendant, and the Defendant transferred the CD’s franchise operator’s status to the Plaintiff, as well as the instant construction contract owner’s status to transfer the CD from the CD to the Plaintiff (hereinafter “instant agreement”).
The instant agreement refers to a store in relation to the indication of a franchise store.