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1. The Defendant (Counterclaim Plaintiff) paid KRW 41,229,142 to the Plaintiff (Counterclaim Defendant) and its related amount from September 4, 2013 to November 26, 2015.
Reasons
1. Basic facts
A. On August 1, 2008, the Plaintiff leased approximately 15 square meters (hereinafter “instant store”) out of the first floor of the building 5th floor in Dongjak-gu Seoul Metropolitan Government, the former husband of the Defendant, to KRW 50,000,000, the lease deposit amount of KRW 50,000,000, and had the owner of the store operate the store with the mutual convenience of the strawas.
B. After October 10, 201, the Plaintiff entered into a contract with the Defendant by setting the contract period as 60 months, and the Defendant thereafter operated convenience stores (hereinafter “instant convenience store”) with the trade name, i.e., destroyed and damaged goods (after entering into the instant contract as follows) at the instant store.
C. On June 13, 2012, the Plaintiff entered into a CU franchise agreement (hereinafter “instant agreement”) with the Defendant with a period of 60 months, following the change of trade name. The key contents of the said agreement are as follows.
(1) Article 33 (Employment of Account of Mutual Accounts) (1) A franchisor and a franchise store operator undertake to continuously process lending and lending of mutual transactions and settlement thereof on the basis of this contract in accordance with the procedure and method of settlement kept by the franchisor for the franchise business operator. (2) If the mutual account is opened on the opening date and this contract is terminated, they shall be closed and settled in accordance with Article 53. (2) Article 47 (Termination of Franchise Agreement) (2) In any of the following cases, the franchisor may terminate this contract immediately even without giving prior notice or peremptory notice to the franchise operator:
10. Article 51 (3) (3) A franchisee shall return rental facilities to any place designated by the franchiser within the designated date notified by the franchiser after repairing them as determined by the franchiser and replacing expendable goods.