가맹금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 22,415,00 to the Plaintiff (Counterclaim Defendant) for KRW 22,415,00 and for this, from June 16, 2015 to May 11, 2017.
1. Facts of recognition;
A. The Defendant is a company that runs the business of providing the trade name “C” to a franchise store, and the Plaintiff entered into a franchise agreement with the Defendant on March 18, 2015 (hereinafter “instant franchise agreement”).
B. According to the instant franchise agreement, the Plaintiff decided to establish the “E” of the building Nos. 113 and 208 through 211, and the Plaintiff paid a total of KRW 55,500,000 to the Defendant for the payment of KRW 50,000,000 for the down payment, and the down payment of KRW 200,000 for the intermediate payment of KRW 200,000 on March 19, 2015, the intermediate payment of KRW 200,000 for the remainder payment of KRW 105,50,000 on April 20, 2015, the remainder payment of KRW 105,50,000 on April 20, 2015, and the payment of KRW 50,000 prior to the entry of the chair and the kitchen.
C. On May 12, 2015, the Plaintiff and the Defendant changed the total amount to KRW 565,50,000,000, reflecting the price of KRW 10,000 due to additional construction works.
From March 8, 2015 to May 11, 2015, the Plaintiff paid the Defendant KRW 200,000,000 in total as the price under the instant franchise agreement.
E. As to the instant franchise agreement, the Defendant spent KRW 160,655,000 in total for the interior construction cost from March 2015 to January 2016. In addition, the Defendant spent KRW 16,930,00 in total for the sound equipment, signboards, etc.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 through 3, Eul evidence 7, 8, Eul evidence 10 through 14 (including paper numbers), the purport of the whole pleadings]
2. Determination as to the principal lawsuit
A. The Plaintiff’s assertion that the Plaintiff and the Defendant entered into the instant franchise agreement. According to Article 7 of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”), the Plaintiff cannot receive all franchise fees from prospective franchisees or enter into a franchise agreement unless 14 days have passed from the date the franchisor provided the franchise disclosure statement to prospective franchisees. However, the Defendant was unable to receive all franchise fees from prospective franchisees or enter into the franchise agreement on March 9, 2015.