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1. The Defendant (Counterclaim Plaintiff) shall:
A. 42,275,507 won and 41,888,440 won among them to Plaintiff (Counterclaim Defendant) A corporation.
Reasons
1. Basic facts
A. The Plaintiff Company is a corporation that runs a franchise business with the business mark called “D”.
B. On October 26, 2016, the Defendant entered into a franchise agreement with the Plaintiff Company and E, and agreed to pay food materials and raw and supplementary materials (Article 28 of the contract) from the Plaintiff Company and the Plaintiff Company’s designated companies, and to pay the amount of the goods supplied from the 16th to the 15th day of each month on the 15th day of the relevant month, and to pay the amount of each payment on the last day of the relevant month on the 16th day of each month (Article 31 of the contract), and to pay the amount of interest for 20% per annum (Article 43 of the contract).
C. From December 1, 2016 to September 2017, the Plaintiff Company supplied the Defendant with food materials and raw materials equivalent to KRW 94,395,440, and the Defendant paid KRW 52,507,00 to July 31, 2017, and appropriated the principal for payment of KRW 2,00,00 to the principal. On January 12, 2018, the Plaintiff Company transferred KRW 41,88,440 to the Defendant for payment of KRW 41,88,440 (= KRW 94,395,440 - KRW 52,507,00) from October 1, 2017 to December 12, 2018 】 the agreed amount of KRW 2,387,067,418,408,400 to the principal x the agreed amount of KRW 530,500 per annum.
Plaintiff
B was designated by the Plaintiff Company as a supplier to the Defendant from December 2016 to September 2017, and supplied the Defendant with food materials and raw and auxiliary materials equivalent to KRW 72,707,500, and received reimbursement from the Defendant until July 20, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 9, 16 through 19, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, barring any special circumstance, the defendant shall pay to the plaintiff company the remaining goods price and delay damages in total of 42,275,507 won (=387,067 won (=2,387,000 won - 2,00,000 won) and damages for delay in total of 41,88,440 won for the remaining goods price and delay damages.