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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following amount ordered to pay.
Reasons
1. The Plaintiff brought an action against the Defendant for the payment of KRW 100,000,00 for penalty due to the violation of the terms of termination of the instant franchise contract, ② penalty of KRW 100,000 for breach of the instant business right transfer contract, ③ KRW 30,000 for the total amount of KRW 230,000 for the damages incurred due to the termination of the instant business right transfer contract, and damages for delay.
Accordingly, the Defendant filed a counterclaim against the Plaintiff: ① KRW 100,000,000 due to the breach of the instant franchise transfer contract; ② KRW 20,000,000, which is a part of the settlement amount under the instant franchise contract; and ② KRW 120,000,000, which is a part of the settlement amount under the instant franchise contract; and damages for delay thereof.
The court of first instance accepted only two claims among the plaintiff's principal claim, and dismissed all the remaining principal claim and counterclaim claims.
Accordingly, among the part of the judgment of the court of first instance as to the principal lawsuit against the defendant and the part on the counterclaim against the defendant, the appeal was filed as to KRW 100,000,000, which is the claim amount.
Therefore, the scope of the judgment of this court is limited to the part of the plaintiff's main claim and the part of the defendant's counterclaim.
2. The reasoning for this part of the underlying facts is as follows, and this part of the corresponding part of the judgment of the court of first instance is identical to that of the corresponding part, except for dismissal or addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
4 Of the part in the “Agreement on Transfer of Business Right”, Article 6 shall be added as follows between the “Article 5 (Supply of Products)” and “Article 9 (Observance of Confidentiality)” and Article 16 shall be added as follows:
Article 6 (Price and Time of Application of Supply Price of Goods shall be determined by mutual agreement between the two parties in consideration of the manufacturing cost and the market situation, and the agreed price shall commence by the plaintiff.