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The defendant's KRW 65,602,00 for the plaintiff and its 5% per annum from January 9, 2019 to May 14, 2020.
Reasons
1. Basic facts
A. The Defendant is a franchisor that operates a clock store under the trade name of “C” and the Plaintiff is a person who requested the Defendant to establish a clock store.
B. On July 5, 2018, the Defendant recommended the Plaintiff to three floors of E-Si Building (hereinafter “instant store”) owned by E-si, E-si (hereinafter “instant store”). On July 11, 2018, the Plaintiff entered into a lease agreement with D as to the instant store.
C. After that, on August 4, 2018, the Plaintiff entered into a franchise agreement with the Defendant to install and operate a skin bank (hereinafter “instant agreement”) at the instant store as follows. The Defendant agreed to provide the interior works and equipment of the instant store and set the total contract amount of KRW 420,453,00, including the price.
The main contents of the instant contract are as follows.
Contract period: 420,453,00 won - down payment of KRW 20 million until August 4, 2018 - up to August 17, 2018 - intermediate payment of KRW 100 million until August 30, 2018 - By August 30, 2018, the remainder of KRW 200,453,000, and five days before the date of entry into 5 days from the date of commencing the business (including matters concerning the establishment of a business area) ④ When the Plaintiff was not holding the store, the Defendant shall select the place of the store after consultation with the Plaintiff.
The defendant may provide the plaintiff with advice on the location based on his experience during that period, but the store's final decision-making right is the plaintiff.
Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchiseess) (1) Installation of business facilities, fixtures, etc.
1. The term "business facilities and equipment" means all items necessary by the plaintiff for the opening of the franchise store, such as signboards, interiors, and business equipment necessary for the opening of the franchise store;
The plaintiff's business facilities and equipment shall be installed and purchased in accordance with manuals and specifications determined by the defendant to maintain the unity and originality of the whole franchise business.
3. Various persons who belong to the chain stores, such as stores and facilities;