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1. The Defendant (Counterclaim Plaintiff) paid KRW 19,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from September 8, 2016 to July 13, 2018.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The Defendant, as a trademark right holder of the trade name “C”, is a franchisor that manufactures and sells marinas using the said trade name, is concurrently a franchisor that operates manufacturing facilities of marinas No. 7010 of the D Building 7 stories in Yananan-si (hereinafter “manufacturing facilities of this case”).
B. On December 11, 2015, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) between the Defendant and the Defendant to sell Macarbuls by using the Defendant’s trade name “C” (hereinafter “instant franchise agreement”) and at the same time entered into a contract on the transfer of the instant manufacturing facilities (including facilities) rights and facilities with the content of acquiring the instant manufacturing facilities at KRW 57 million.
In addition, on December 11, 2015, the Plaintiff entered into a contract between the Defendant and the Daejeonbuk branch office (hereinafter “instant branch office contract”) with the authority to supply Macarculs produced from the instant manufacturing facilities using raw and secondary materials provided by the Defendant to the Cheongbuk-do and Daejeon Metropolitan City C store (hereinafter “instant branch office contract”) and entered into the supply contract as of December 11, 2015, and the investor agreement as of December 14, 2015, respectively.
(The main contents of the instant franchise agreement, etc. are as shown in the attached Form).
After that, the Plaintiff registered the business of F stores on December 16, 2015 in accordance with the instant franchise agreement, and registered the business under the instant branch agreement as “H” on January 1, 2016, in accordance with the instant branch agreement. D.
On the other hand, on March 25, 2016, I entered into a contract with the Defendant for the C Jeonbuk branch, with the Defendant’s approval, established the J-gu, Seoan-gu, Seoan-si, the second floor of the factory, C 205, and supplied the C’s “C” Makaba, which was produced in the said factory, to the L Kaf in the K.
(L “L” is a place operated by M and was not a Defendant’s regular franchise store). I is the Plaintiff with respect to the supply of “C” to the Chungcheong area outside his own jurisdiction.