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1. The Defendant’s KRW 1,00,000 as well as the Plaintiff’s annual rate of 5% from July 28, 2018 to September 26, 2019, and thereafter.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 127 million to C (hereinafter “C”) from April 17, 2015 to September 1, 2015, and filed an application for a payment order against C with the Incheon District Court for a payment order seeking a loan amounting to KRW 2017 tea350,000. On June 20, 2017, the said court rendered a decision on June 20, 2017 that “C shall pay to the Plaintiff the amount calculated at the rate of KRW 127 million per annum from June 24, 2017 to the date of complete payment (hereinafter “instant payment order”).
B. As C did not raise an objection, the instant payment order became final and conclusive on July 8, 2017.
C. The Plaintiff, with the title of execution of the instant payment order, filed an application for the seizure and collection order as to “a claim amounting to KRW 128,858,86 out of the total debt amount in which the Defendant is obliged to pay to C according to the D franchise agreement entered into between C and the Defendant on December 21, 2013,” and received from the above court the seizure and collection order on July 28, 2017 (hereinafter “instant claim seizure and collection order”).
The order of seizure and collection of the instant claim was served on August 2, 2017 to the Defendant, who is the garnishee.
E. On December 21, 2013, the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with C on the following terms and conditions (hereinafter “D”).
The main contents of the instant franchise agreement are as follows. The franchisor C (A) and the franchisee (B), and the defendant (the defendant) shall closely examine the provisions of each of the instant franchise agreement, and shall enter into a DNA franchise agreement (this Agreement) that specifies the rights, obligations, etc. of each party on the basis of the good faith principle:
Article 3 [Matters to be Observed by “A”] “A” shall be excluded from the obligations set forth in this Agreement.