beta
Text
1. The Defendant (Counterclaim Plaintiff) stated 15,050,000 won on the Plaintiff (Counterclaim Defendant) and the “amount” column in the separate sheet among them.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in franchise business pertaining to beauty art service business under the trade name of “C”.
B. On June 7, 2012, the Plaintiff entered into a franchise agreement between the Defendant and the Defendant to operate E (hereinafter “instant franchise agreement”) with the following content, using the trade name, trademark, etc. of “C” (hereinafter “C”), and the Defendant thereafter operated the instant franchise store.
Contract term: 5 million won (excluding value-added tax) at the time of conclusion of a contract: Interest for arrears of 100,000 won (excluding value-added tax): 10% per annum;
C. Meanwhile, the Defendant did not pay royalties of KRW 3.5 million (including value-added tax) out of the franchise fees under the instant franchise agreement and the royalties generated after the conclusion of the instant franchise agreement with the Defendant.
Accordingly, on July 27, 2012, 30, and November 9, 2012, the Plaintiff sent a content-certified mail demanding the Defendant to pay the unpaid franchise and royalties, but the Defendant refused to comply therewith. On April 8, 2013, the Plaintiff sent a content-certified mail to the Defendant to the effect that the instant franchise agreement is terminated as of April 30, 2013 on the ground of the breach of the above franchise and royalties, and the above content-certified mail sent to the Defendant on April 10, 2013.
E. As of the closing date of the instant pleadings, the Defendant’s unpaid royalty is KRW 3.5 million, and the unpaid royalty accrued from June 2013 to April 2013 is the total of KRW 1,1550,000 [the Plaintiff, which was KRW 550,00,00,000 = June 5, 2012, shall be calculated on the 15-day business day of the Defendant for convenience in relation to royalty for June 2013. £« KRW 10,000 (1.1 million x 10 months) in total from July 2012 to April 2013].
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 6 (including more than one number), the purport of the whole pleadings
2. As to the plaintiff's main claim.