보증금 및 가맹비 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On March 24, 2016, the Plaintiff entered into a franchise agreement on the instant laundry (hereinafter “instant laundry agreement”) with the Defendant on the 1st floor of the commercial building in Masung-si (hereinafter “instant laundry”) as follows, and paid KRW 3 million to the Defendant a deposit and franchise fee, etc.
Article 3 (Payment of Security Deposit and Franchise Fee) (1) The plaintiff shall deposit one million won in cash at the same time as the contract with the defendant is entered into with the defendant.
② Upon entering into a contract, the Plaintiff shall pay in cash the franchise fee of two million won to the Defendant. The franchise fee shall belong to the Defendant and shall not be returned even at the time of cancellation.
Article 4 (Return of Deposit) (2) Where the relevant franchise store is transferred to a third party recognized by the defendant prior to the expiration of the contract term and the owner of the relevant franchise succeeds to his/her business and concludes a contract with the defendant and transfers it, the defendant shall return the deposit of the plaintiff
§ 19 (Period of Contract) (1) The term of this contract shall be 24 months from the date of the contract.
By March 24, 2018
B. On December 3, 2016, the Plaintiff transferred the instant laundry business to D, and D entered into a laundry franchise agreement with the Defendant on December 30, 2016, with the same content as the instant franchise agreement, and paid KRW 3 million to the Defendant on January 3, 2017.
[Ground of recognition] Facts without dispute, Gap 1, 5 evidence, Eul 3 and 4 evidence, the purport of the whole pleadings
2. Determination
A. According to the facts cited above, pursuant to Article 4(2) of the franchise agreement of this case, the defendant, as requested by the plaintiff, shall promote the lawsuit from April 25, 2017, which is the day following the delivery date of a copy of the complaint of this case to the plaintiff, to the extent of the existence and scope of the defendant's duty to perform, 5% per annum under the Civil Act until December 19, 2017, which is the date of adjudication of the first instance court of this case, and from the next day to the day of full payment.