A. On September 23, 2011, the Defendant borrowed KRW 50 million from the National Bank of Korea (hereinafter “National Bank”) on a three-year basis from September 22, 201, at the interest rate of 10.4% (one-year unit fluctuation rate) (one-year unit fluctuation rate), and the Plaintiff jointly and severally guaranteed it within the limit of KRW 65 million.

B. Since then, the Defendant did not pay the principal and interest of loan, the Plaintiff subrogated to the National Bank on February 13, 2014 for KRW 29,233,675.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 29,233,675 for indemnity and the damages for delay calculated by the ratio of 5% per annum under the Civil Act from February 14, 2014, to March 13, 2014, which is clear that the date of delivery of a copy of the complaint, after subrogation, is the date of delivery of a copy of the complaint, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. The Defendant asserts that the set-off defense by the Defendant entered into a franchise franchise agreement with the period of five years, and accordingly, the Plaintiff paid KRW 33 million to the Plaintiff. The above franchise agreement was terminated only ten months due to unfair conduct, such as the Plaintiff’s compulsory purchase request, etc. However, the Plaintiff is obligated to return the franchise amount of KRW 27.5 million (=3 million ±60 months ± 60-10 months) to the Defendant. Thus, the Plaintiff asserts that it offsets the Plaintiff’s obligation for reimbursement.

In full view of the overall purport of the pleadings, the Defendant entered into a franchise agreement with the Plaintiff on February 21, 2012, setting the period of five years, and paid KRW 33 million to the Plaintiff on July 26, 2012. Under the Plaintiff’s consent, the Defendant transferred the said franchise business, including the status in the franchise agreement, to C on May 6, 2013, and at the time of the said transfer and acquisition agreement, the franchise fee and the Defendant paid to the Plaintiff at the time of the transfer and acquisition agreement.