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1. The Defendant’s KRW 30,000,000 and its amount are 18% per annum from September 2, 2010 to March 21, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A. On September 2, 2010, the Plaintiff entered into a franchise agreement and the instant trade agreement with the Defendant (hereinafter “instant trade agreement”) with the following: (a) around September 2, 2010, the Plaintiff and the Defendant entered into a franchise agreement with the content that the Defendant would operate “C vice store” using the Plaintiff’s brand, products, and programs; (b) on the same day, the term of the contract was from September 1, 2010 to August 31, 2011; and (c) on the same day, the Plaintiff and the Defendant entered into the said franchise agreement with the Defendant with the content that the Plaintiff would invest KRW 100 million in the Defendant, and that the Defendant would divide the profits therefrom into 50% (hereinafter “instant trade agreement”).
D, which is the husband of the defendant, guaranteed the obligation that the defendant will bear to the plaintiff according to the above business contract.
The Plaintiff paid KRW 100 million to the Defendant or D in accordance with the instant trade agreement.
B. On September 2, 2010, the Plaintiff: (a) around September 2, 2010, entered into a franchise franchise agreement with D to automatically extend the contract period from September 1, 201 to August 31, 201; (b) the above additional store was in the name of the Defendant; and (c) the above additional store was concluded in the name of D to operate the above additional store in the name of D; (d) the Defendant and D sold the above additional store to another person on October 2, 201; (e) the contract period was from September 1, 2010 to August 31, 201; and (e) the contract period was not terminated by 30 days before the contract is terminated; and (e) the above additional store was completed in the name of the Defendant; (e) the Defendant and D sold the above additional store to a third party on March 6, 2013.
C. 1) The termination, etc. of the instant trade agreement, which led to disputes arising from the Defendant’s failure to distribute the agreed earnings to the Plaintiff after the instant trade agreement, and the Plaintiff and D agreed to terminate the instant trade agreement on January 6, 201 and convert the Plaintiff’s investment amount of KRW 100 million into loans. 2)