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The Defendant’s KRW 12,413,750 to the Plaintiff and the Plaintiff’s annual rate of KRW 6% from March 23, 2016 to July 7, 2017.
Reasons
Basic Facts
A. On June 17, 2014, the Defendant entered into a franchise agreement and opened a store adjacent to C Station. The Defendant is a company running franchise business in the name of “D,” and the Plaintiff allows the Plaintiff to engage in business activities using the trade name, trademark, service mark, insignia, etc., and the Plaintiff shall pay to the Plaintiff the commencement payment, opening training expenses, contract deposit, trademark usage fees (3% of the sales amount of cash receipts) in return for conducting business activities using the trade name, trademark, service mark, emblem, etc. (hereinafter “instant franchise agreement”).
The Plaintiff concluded the instant franchise agreement. The Plaintiff paid KRW 12,70,000,000, totaling KRW 16,500,000 for the start payment under the instant franchise agreement, KRW 5,500 for the opening payment, KRW 22,00,000 for the contract deposit, KRW 27,000 for the contract deposit, KRW 22,00,000 for the contract deposit, and KRW 12,70,000 as determined by the Defendant. (2) On July 3, 2014, the Plaintiff decided to take over the existing franchise owner E from the F points that it had operated, and the contract period for the contract between the owner of the said franchise and the 20,000 square meters for the second floor (including the common area) of the Seoul Building from July 21, 2014 to July 31, 205, KRW 50,00 for the sublease deposit, KRW 10,000 for the sublease from July 10 to 20,21.
B. The establishment of the store within the H medical center I cultural welfare facility 1) GSS test Co., Ltd. (hereinafter “Nonindicted company”).
A) The I cultural welfare facility (hereinafter “instant facility”) located in the front part of the H Medical Center (hereinafter “instant facility”).
(2) From January 20, 2015, the Defendant: (a) leased the entire facility of this case; (b) opened a store in another building (J) operated by the non-party company; and (c) recommended the Defendant to rent out the facility of this case to the non-party company. (b) The Defendant also recommended the non-party company to do so.